Download pdf
The Cyber Attack in the Use of Force
- 1 Shenzhen University
* Author to whom correspondence should be addressed.
Abstract
It is controversial whether cyber attacks can constitute the use of force, and it is also difficult to reduce cyber attacks in the use of force. This article will start from arguing the definition of using force, then discuss how can cyber attacks be interpreted as a form of using force and how to regulate cyber attacks from three orientations, which is a cyber attack that attributable to individuals, attributable to organizations, and attributable to countries. Finally, this article will focus on finding out a recommendation on how to identify a cyber attack with the one that can attributed to a country with the purpose of reducing the cyber attack in the use of force, that is, reverse the burden of proof in the investigation of an international cyber attack. This method aims at increasing the possibility of bearing state responsibility. And this article will explore the feasibility and improvement path of this method in order to make the idea more practical.
Keywords
Cyber Attack, International Law, Use of force: State Responsibility, Burden of Proof.
[1]. Michael N.Schmitt (2010) “Cyber Operations in International Law:The Use of Force.” Collective Security,Self-Defense,and armed conflicts,Proceedings of a Workshop on Deterring CyberAttacks: Informing Strategies and Developing Options for U.S. Policy: 679-685.
[2]. Matthew C. Waxman (2011) “Cyber Attacks as ‘force’under UN Charter Article 2(4).” Int'l L. Stud, 87: 43-57.
[3]. Jamal Awwad Alkharman, Sonia Abed ALhamed Drawsheh, Majid Mohammad Al-Khataybeh, Zein Bassam Bani Younes, Najwa Abdel Hamid Darawsheh & Hanaadi Alrashdan(2024)“Cyber Attacks and its Implication to National security:The Need for International Law Enforcement. ” Pakistan Journal of Criminology, 16(3)(July-September): 851-864.
[4]. de Souza Dias, T. and Sagoo R. (2024) “AI Governance in the Age of Uncertainty: International Law as a Starting Point”, (January 2), https//Justsecurity.org.
[5]. Michael N. Schmitt (1999) “Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework.” COLUIBIA JOURNAL OF TRANSNATIONAL LAW, 37:885, 914-915.
[6]. James P. Farwell & Rafal Rohozinski (2011) “Stuxnet and the Future of Cyber War.” 53:1, 23-40, DOI: 10.1080/00396338.2011.555586.
[7]. Gill, Terry D. and Kinga Tibori-Szabó (2023) “New Technologies of Warfare and the Law on the Use of Force.” Chapter. In The Use of Force and the International Legal System, 228(46) (07 December), https//doi.org/10.1017/9781009407342.01 Published online by Cambridge University Press.
[8]. Herzog, Stephen (2011) “Revisiting the Estonian Cyber Attacks: Digital Threats and Multinational Responses.” Journal of Strategic Security, 4(2): 49-60.
[9]. Michael Connell and Sarah Vogler (2017) “Russia’s Approach to Cyber Warfare.”CNA, (24 March).
[10]. Joshua Park (2021) “THE LAZARUS GROUP.”Harvard International Review, 42(2)(SPRING):34-39.
[11]. Todd Sandler and Khusrav Gaibulloev(2012)“Determinants of the Demise of Terrorist Organizations.” US Department of Homeland Security, (Nov.) http://www.utdallas.edu/~tms063000/website/.
[12]. Emily Haslam (2000) “Information Warfare: Technological Changes and International Law.” Journal of Conflict and Security Law, 5(2): 157-175.
[13]. Colin B. Picker (2001) “A View from 40, 000 Feet: International Law and the Invisible Hand of Technology.”Cardozo Law Review, 23(1) (November): 149-220.
[14]. Gardam, Judith Gail (1993) “Proportionality and force in international law.” American Journal of International Law, 87(3): 391-413.
[15]. David Hamer (2007) “The Presumption of Innocence and Reverse Burdens: A Balancing Act.”Cambridge Law Journal, 66(1)(March):142-171.
[16]. Kaplow, Louis (2012) “Burden of proof.” The Yale Law Journal, 121: 738-859.
Cite this article
Li,Y. (2024). The Cyber Attack in the Use of Force. Lecture Notes in Education Psychology and Public Media,69,122-130.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 3rd International Conference on International Law and Legal Policy
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).