Fourth, if State B’s conduct violated international law, it would entitle State A to take
countermeasures – acts which would ordinarily be unlawful – in response to State B’s
wrongdoing. Countermeasures could be cyber in nature or taken through alternative means
– such as temporarily not performing certain bilateral treaty obligations owed to State
B. However, State A would need to ensure that such countermeasures:
were directed against State B
did not constitute a threat or use of force, violate fundamental human
rights, humanitarian obligations prohibiting reprisals, or peremptory
international legal norms
were reversible (as far as possible)
were proportionate to the injury suffered by State A, and
were intended to induce State B to comply with its international legal
obligations.
International law would not preclude State A from taking acts of retorsion, which are unfriendly acts
that are not inconsistent with the international obligations of State A, including, for example,
declaring diplomats from State B in State A persona non grata.
3
www.dfat.gov.au/cyberaffairs