Some Evidentiary Dimensions of Attributing Unlawful Cyber Operations to States

Hebrew University of Jerusalem Legal Research Paper 20-11

Hebrew University of Jerusalem International Law Forum Working Series [03-20]

32 Pages Posted: 23 Apr 2020 Last revised: 24 Jun 2020

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: April 17, 2020

Abstract

This project is part of a larger research initiative to examine the feasibility and advisability of an international attribution mechanism dedicated to hostile cyber operations. Of the myriad questions that arise in devising such a mechanism, this project deals with evidentiary requirements: who should bear the burden of proving the identity of the perpetrators and the attributability of their conduct the state, what should be the standard for proving this identity and the attributability, and what evidence should be admissible for this purpose.

The project provides an overview of law and practice background to these evidentiary issues based on the practice of existing courts and tribunals, and examines aspects of these issues that are likely to arise specifically with regard to cyber operations. Despite the variety of dispute settlement bodies, there is relative uniformity and cross-fertilisation among them that suggests that some general trends may be discerned.

Keywords: occupation, settlements, terms and conditions of employment, choice of law, equality

Suggested Citation

Ronen, Yael, Some Evidentiary Dimensions of Attributing Unlawful Cyber Operations to States (April 17, 2020). Hebrew University of Jerusalem Legal Research Paper 20-11, Hebrew University of Jerusalem International Law Forum Working Series [03-20], Available at SSRN: https://ssrn.com/abstract=3579029 or http://dx.doi.org/10.2139/ssrn.3579029

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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