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 selfdefence 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.
6
www.dfat.gov.au/cyberaffairs
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