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As a matter of general international law, an injured State may only take countermeasures against the responsible State if the following conditions are met:
 
As a matter of general international law, an injured State may only take countermeasures against the responsible State if the following conditions are met:
# The existence of a '''prior internationally wrongful act''' of the responsible State against the injured State;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 49 para 1; ''[https://www.icj-cij.org/files/case-related/92/092-19970925-JUD-01-00-EN.pdf Case Concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia)]'' (Judgment) 1997 ICJ Rep 7, para 83.</ref>
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# The existence of a '''prior internationally wrongful act''' of the responsible State against the injured State;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 49(1); ''[https://www.icj-cij.org/files/case-related/92/092-19970925-JUD-01-00-EN.pdf Case Concerning the Gabčíkovo-Nagymaros Project (Hungary/Slovakia)]'' (Judgment) 1997 ICJ Rep 7, para 83.</ref>
# The internationally wrongful act '''has not ceased''' and “the dispute is [not] pending before a court or tribunal which has the authority to make decisions binding on the parties”, unless the “responsible State fails to implement the dispute settlement procedures in good faith”;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 52 paras 3 - 4.</ref>
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# The internationally wrongful act '''has not ceased''' and “the dispute is [not] pending before a court or tribunal which has the authority to make decisions binding on the parties”, unless the “responsible State fails to implement the dispute settlement procedures in good faith”;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 52(3) 52(4).</ref>
# The injured State has '''called upon'''<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 52 para 1 subpara a). According to the UK Attorney General, the UK does not feel legally obliged, when taking countermeasures in response to a covert cyber intrusion, to “give prior notification to the hostile state”. UK Attorney General, Jeremy Wright QC MP, ‘[https://www.gov.uk/government/speeches/cyber-and-international-law-in-the-21st-century Cyber and International Law in the 21st Century]’.</ref> the responsible State to fulfil its obligations arising from its internationally wrongful act;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility,] Art 28-41; the list of consequences includes (i) continued duty of performance, (ii) cessation and non-repetition, (iii) reparation, and (iv) particular consequences of a serious breach of obligations under peremptory norms of general international law.</ref> and
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# The injured State has '''called upon'''<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 52(1)(a). According to the UK Attorney General, the UK does not feel legally obliged, when taking countermeasures in response to a covert cyber intrusion, to “give prior notification to the hostile state”. UK Attorney General, Jeremy Wright QC MP, ‘[https://www.gov.uk/government/speeches/cyber-and-international-law-in-the-21st-century Cyber and International Law in the 21st Century]’.</ref> the responsible State to fulfil its obligations arising from its internationally wrongful act;<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility,] Art 28-41; the list of consequences includes (i) continued duty of performance, (ii) cessation and non-repetition, (iii) reparation, and (iv) particular consequences of a serious breach of obligations under peremptory norms of general international law.</ref> and
# The injured State has '''notified''' the responsible State of its decision to take countermeasures, and '''offered to negotiate''' with that State, unless it is taking “'''urgent countermeasures''' as are necessary to preserve its rights.”<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 52 para 1 subpara b) – Art 52 para 2.</ref>
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# The injured State has '''notified''' the responsible State of its decision to take countermeasures, and '''offered to negotiate''' with that State, unless it is taking “'''urgent countermeasures''' as are necessary to preserve its rights.”<ref>ILC [http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf Articles on State Responsibility], Art 52(1)(b) – 52(2).</ref>
   
 
Additionally, the countermeasures must fulfil the following requirements:
 
Additionally, the countermeasures must fulfil the following requirements:

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