7 Although there is no general international obligation to do so, the State of origin should share any relevant information with the victim-State. Due diligence is an obligation of conduct, not one of result. Accordingly, as long as it makes its best efforts, a State cannot be held liable if ultimately unable to prevent, mitigate, or terminate wrongful cyber activities launched from or in transit through its territory. In addition, when considering whether a State is in breach of its due diligence obligations, due regard should be paid to the technological/financial resources and overall capabilities of the State in question. Further discussions on thresholds and scenarios of cyber operations (not necessarily resulting in physical damage of property), that amount to a breach of due diligence obligations in cyberspace, could be conducive to a clearer understanding of the matter. c) Countermeasures Italy is of the view that when a State is victim of an international wrongful act perpetrated by another State, it may take countermeasures in response.8 Italy deems that countermeasures are adequate responses to cyber operations that constitute an international wrongful act9 below the threshold of an armed attack. This is without prejudice to the inherent right of States to self-defence. The adoption of countermeasures against the State that may be held responsible, directly or indirectly, for unlawful cyber acts may be problematic due to, inter alia, difficulties of: traceability, assessment of breach in relation with the threshold of the diligence due, significance of the harm suffered. The victim-State is generally required to call upon the State of origin to discontinue the wrongful act and to notify it of its intention to take countermeasures in response to wrongful cyber operations. However, in conformity with international law, this requirement may not 8 Under customary international law, as stated by the ARSIWA and corroborated by the ICJ case law (GabćikovoNagymaros Project, Judgment, paras 83-85), the lawfulness of countermeasures is subject to the following conditions: (i) They may be taken in response to a previous international wrongful act of another State and must be directed against that State; (ii) The injured State must have called upon the State committing the wrongful act to discontinue its wrongful conduct or to make reparations for it; (iii) The effects of a countermeasure must be commensurate with the injury suffered, in accordance with the principle of proportionality. 9 Responsibility of States for internationally wrongful acts, UN Doc. A/RES/56/83, 28 January 2002, Articles 49-54.

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