Some Evidentiary Dimensions of Attributing Unlawful Cyber Operations to States
Hebrew University of Jerusalem International Law Forum Working Series [03-20]
32 Pages Posted: 23 Apr 2020 Last revised: 24 Jun 2020
Date Written: April 17, 2020
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
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