Use of Force in Cyberspace
Abstract
There are no internationally accepted criteria yet for determining whether a nation state cyberattack is a use of force equivalent to an armed attack, which could trigger a military response. Likewise, no international, legally binding instruments have yet been drafted explicitly to regulate inter-state relations in cyberspace. Self-defense and countermeasures for armed attacks are permitted in international law when a belligerent violates international law during peacetime, or violates the law of armed conflict during wartime. However, the term "armed attack" has no universally accepted definition and is still not well-settled with respect to cyberattacks. In addition to what constitutes an armed attack in cyberspace, questions remain over which provisions of existing international law govern the conduct of war in cyberspace.
Document Details
- Document Type
- Technical Report
- Publication Date
- Dec 10, 2021
- Accession Number
- AD1155696
Entities
People
- Catherine A. Theohary
Organizations
- Congressional Research Service