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Cyber Countermeasures and Effects on Third Parties: The International Legal Regime

Cyber Countermeasures and Effects on Third Parties: The International Legal Regime Cyber Countermeasures and Effects on Third Parties: The International Legal Regime Michael N. Schmitt* and M. Christopher Pitts** Contents 1. Introduction 2. Countermeasures Defined 3. Rights and Interests 3.1. Countermeasures and Third Parties 3.2. The Beneficiary of Rights 3.3. Remoteness and Foreseeability of the Injury 3.4. Qualification of an Act as a Countermeasure 3.5. Avoiding Illegality towards Third Parties by Pleading Necessity 4. Obligations Erga Omnes 5. Obligations Not Affected by Countermeasures. 6. Conclusion 1. Introduction A State victimised (the `injured State') by another State's (the `responsible State') internationally wrongful act ­ an act that breaches an international legal obligation owed to the injured State ­ may respond proportionately with acts that would otherwise violate international law.1 The law of State responsibility labels such responses as `countermeasures'.2 It is indisputable that the law of State responsibility applies ** Charles H. Stockton Professor and Director, Stockton Center for the Study of International Law, United States Naval War College; Professor of Public International Law, University of Exeter; Senior Fellow, NATO Cooperative Cyber Defence Centre of Excellence. The author is grateful to the NATO CCD COE for support of the research leading to this article. Views expressed herein are those of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

Cyber Countermeasures and Effects on Third Parties: The International Legal Regime

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Publisher
Brill
Copyright
© Copyright 2015 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-6456
eISSN
2211-5897
DOI
10.1163/22115897-90000117
Publisher site
See Article on Publisher Site

Abstract

Cyber Countermeasures and Effects on Third Parties: The International Legal Regime Michael N. Schmitt* and M. Christopher Pitts** Contents 1. Introduction 2. Countermeasures Defined 3. Rights and Interests 3.1. Countermeasures and Third Parties 3.2. The Beneficiary of Rights 3.3. Remoteness and Foreseeability of the Injury 3.4. Qualification of an Act as a Countermeasure 3.5. Avoiding Illegality towards Third Parties by Pleading Necessity 4. Obligations Erga Omnes 5. Obligations Not Affected by Countermeasures. 6. Conclusion 1. Introduction A State victimised (the `injured State') by another State's (the `responsible State') internationally wrongful act ­ an act that breaches an international legal obligation owed to the injured State ­ may respond proportionately with acts that would otherwise violate international law.1 The law of State responsibility labels such responses as `countermeasures'.2 It is indisputable that the law of State responsibility applies ** Charles H. Stockton Professor and Director, Stockton Center for the Study of International Law, United States Naval War College; Professor of Public International Law, University of Exeter; Senior Fellow, NATO Cooperative Cyber Defence Centre of Excellence. The author is grateful to the NATO CCD COE for support of the research leading to this article. Views expressed herein are those of

Journal

Baltic Yearbook of International Law Online – Brill

Published: Mar 9, 2015

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