National position of Japan (2021)
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==[[Attribution]]== <section begin=JP_2021 attribution /> "There is an internationally wrongful act of a State when the act is attributable to the State under international law and when the act constitutes a breach of an obligation of the State under international law. There are legal, political and technical aspects in discussing the attribution of conduct to a State with respect to cyber operations. To invoke State responsibility under international law with respect to any act in cyberspace, it is necessary to consider whether the act is attributable to a specific State. On this topic, Articles 4 to 11 of the ILC’s Articles on State Responsibility provide useful reference. As a general rule, in such cases as a cyber operation conducted by a State organ, the act is considered to be attributable to the State. A cyber operation conducted by a non-State actor is, in principle, not attributable to a State. However, according to Article 8 of the ILC’s Articles on State Responsibility, the conduct of a person or group of persons shall be considered an act of a State if the person or group of persons is in fact acting on the instructions of, or under the direction or control of that State in carrying out the conduct." <ref>[https://www.mofa.go.jp/files/100200935.pdf Ministry of Foreign Affairs of Japan, Basic Position of the Government of Japan on International Law Applicable to Cyber Operations, 16 June 2021], 4</ref><section end=JP_2021 attribution />
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