Forcible Responses to Cyber Operations _{Self-Defence, Necessity, Countermeasures}

States harbour a great concern about the increasing frequency and growing danger of malicious cyber operations directed at State and non-State cyber infrastructure employed in various sectors from security to economy and public health to energy. In the face of malicious activities in or through cyberspace, the issue for the international community is to determine how international law applies in the cyber context and the international law remedies available to the victim State. The present study surveys the permissible self-help responses that may involve forcible action.(ARKA KAPAKTAN)
Table of Contents
1. Introduction
2. Self-Defence
2.1. Introduction
2.2. Legal Basis of Self-Defence in International Law
2.3. Self-Defence Conditions & Restrictions in the Cyber Context
2.3.1. Armed Attack
2.3.2. The Author of the Armed Attack and the Target of Self-Defence
2.3.3. Anticipatory Self-Defence
2.3.4. Necessity and Proportionality
2.3.5. Immediacy
2.3.6. The Role of the Security Council
2.3.7. Collective Self-Defence
2.4. Conclusion
3. Necessity
3.1. Introduction
3.2. Necessity in Customary International Law
3.3. The Role of Necessity among Circumstances Precluding Wrongfulness
3.4. Customary Necessity Defence versus Treaty Emergency Clauses
3.5. Necessity: Justification or Excuse?
3.6. Conditions & Limits of the Necessity in the Cyber Context
3.6.1. Essential Interest
3.6.2. Grave and Imminent Peril
3.6.3. The Sole Means
3.6.4. Assessment of Competing Interests
3.6.5. Non-contribution to the Occurrence of Necessity Situation
3.6.6. Use of Force in Necessity
3.7. Conclusion
4. Countermeasures
4.1. Introduction
4.2. Countermeasure: What It Is and What It Is Not
4.3. The Relationship between Countermeasures and Security Council Enforcement Measures
4.4. Countermeasures Conditions & Restrictions in the Cyber Context
4.4.1. Antecedent Internationally Wrongful Act
4.4.2. Target of Countermeasures
4.4.3. Procedural Conditions
4.4.4. The Instrumental Function
4.4.5. Proportionality
4.4.6. Prohibited Countermeasures
4.4.7. Forcible Countermeasures
4.4.8. Collective Countermeasures
4.5. Evaluation of the International Law Commission's Approach
4.6. Conclusion
5. Concluding Remarks
Bibliography