5
Improving Transparency:
International Law and State
Cyber Operations
Fifth Report
Presented by professor Duncan B. Hollis
1. This is my fifth—and final—report on the topic of improving transparency
with respect to how Member States understand the application of international law to State cyber operations. This project aims to contribute to a broader
trend in international relations seeking more transparency on how nation
States understand international law’s application to cyberspace. In doing so
it aims to accomplish four goals:
a. to identify areas of convergence in how States understand what international legal rules apply and how they do so. When combined with
existing statements from States outside the region, a uniformity of views
may provide further evidence for delineating the relevant customary
international law rules;
b. to identify divergent views on what international laws apply or how
they do so. This may help set a baseline for further dialogue, whether
to reconcile conflicting positions, clarify the law’s contents, or, perhaps
even, pursue changes to it;
c. to limit risks of inadvertent escalation or conflict due to States having different understandings of international law’s application and not
knowing or understanding how others view the issue; and
International Law and State Cyber Operations