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 implementing otherwise unlawful tariffs on trade in important goods/services from 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.
Fifth, if the cyber operation constituted an “armed attack”, as recognised under Article 51 of the
UN Charter, State A would be entitled to use force pursuant to its inherent right of self-defence
against State B. The use of force in self-defence may be cyber in nature or conducted through
kinetic means. However, the right to self-defence would require that State A only use force where
it is necessary to repel the actual or imminent armed attack and that such force be a proportionate
response in scope, scale and duration. The measures taken by State A would need to be
immediately reported to the UN Security Council.
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.
measures shall be taken in accordance with Articles 41 and 42 to maintain or restore international peace and
security.”
v
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