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Cyberattacks: a look at evidentiary thresholds in International Law

This paper notes the increasing prevalence of cyberattacks on the international plane and identifies the shortcomings of “public attribution” or “naming-and-shaming”, the tool currently being used by nation states to publicly call out perpetrator-states (including non-state actors) to both punish as...

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Autor principal: Aravindakshan, Sharngan
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer India 2020
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7429940/
http://dx.doi.org/10.1007/s40901-020-00113-0
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author Aravindakshan, Sharngan
author_facet Aravindakshan, Sharngan
author_sort Aravindakshan, Sharngan
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description This paper notes the increasing prevalence of cyberattacks on the international plane and identifies the shortcomings of “public attribution” or “naming-and-shaming”, the tool currently being used by nation states to publicly call out perpetrator-states (including non-state actors) to both punish as well as deter future cyberattacks. The paper points to a need for legally proving attribution in international law as a pre-requisite to receiving any form of redressal or reparations. The paper then examines the current standards and methods of proof in international law and attempts to cull out the nature and amount of evidence required for a state to prove responsibility for a cyberattack in an international legal forum. It concludes that circumstantial evidence is currently the most viable way of proving state responsibility for a cyber operation including cyberattacks and then contextually examines this in the backdrop of the recent malicious cyber incident at India’s nuclear power plant in Kudankulam.
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spelling pubmed-74299402020-08-17 Cyberattacks: a look at evidentiary thresholds in International Law Aravindakshan, Sharngan Indian Journal of International Law Article This paper notes the increasing prevalence of cyberattacks on the international plane and identifies the shortcomings of “public attribution” or “naming-and-shaming”, the tool currently being used by nation states to publicly call out perpetrator-states (including non-state actors) to both punish as well as deter future cyberattacks. The paper points to a need for legally proving attribution in international law as a pre-requisite to receiving any form of redressal or reparations. The paper then examines the current standards and methods of proof in international law and attempts to cull out the nature and amount of evidence required for a state to prove responsibility for a cyberattack in an international legal forum. It concludes that circumstantial evidence is currently the most viable way of proving state responsibility for a cyber operation including cyberattacks and then contextually examines this in the backdrop of the recent malicious cyber incident at India’s nuclear power plant in Kudankulam. Springer India 2020-08-17 2021 /pmc/articles/PMC7429940/ http://dx.doi.org/10.1007/s40901-020-00113-0 Text en © The Indian Society of International Law 2020 This article is made available via the PMC Open Access Subset for unrestricted research re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic.
spellingShingle Article
Aravindakshan, Sharngan
Cyberattacks: a look at evidentiary thresholds in International Law
title Cyberattacks: a look at evidentiary thresholds in International Law
title_full Cyberattacks: a look at evidentiary thresholds in International Law
title_fullStr Cyberattacks: a look at evidentiary thresholds in International Law
title_full_unstemmed Cyberattacks: a look at evidentiary thresholds in International Law
title_short Cyberattacks: a look at evidentiary thresholds in International Law
title_sort cyberattacks: a look at evidentiary thresholds in international law
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7429940/
http://dx.doi.org/10.1007/s40901-020-00113-0
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