Editing Scenario 05: State investigates and responds to cyber operations against private actors in its territory

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== Checklist ==
 
== Checklist ==
* [[Attribution]]:
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* Attribution:
 
** How much evidence exists tying the purported perpetrators of the incidents to State B?
 
** How much evidence exists tying the purported perpetrators of the incidents to State B?
 
** What should be the evidentiary standard for making the attribution?
 
** What should be the evidentiary standard for making the attribution?
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** Does it matter that the operation against State A was partly conducted by public officials of State A?
 
** Does it matter that the operation against State A was partly conducted by public officials of State A?
 
** Can the conduct of "State B Digital Army" be attributed to State B?
 
** Can the conduct of "State B Digital Army" be attributed to State B?
* [[Sovereignty]] of State A:
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* Sovereignty of State A:
 
** When does a cyber operation against non-State actors violate the sovereignty of a State?
 
** When does a cyber operation against non-State actors violate the sovereignty of a State?
* [[Prohibition of intervention]]:
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* Prohibition of intervention:
 
** Did State B's operation intrude into State A's domaine réservé?
 
** Did State B's operation intrude into State A's domaine réservé?
 
** Was State B's operation coercive?
 
** Was State B's operation coercive?
* [[Due diligence]]:
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* Due diligence:
 
** Did the relevant cyber operation adversely affect the rights of State A?
 
** Did the relevant cyber operation adversely affect the rights of State A?
 
** Was the cyber operation conducted from or through the territory of State B?
 
** Was the cyber operation conducted from or through the territory of State B?
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** Did State B know or should it have known of the incident in question?
 
** Did State B know or should it have known of the incident in question?
 
** Did State B take all feasible measures to put an end to the malicious cyber activities?
 
** Did State B take all feasible measures to put an end to the malicious cyber activities?
* [[Sovereignty]] of State B:
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* Sovereignty of State B:
 
** Can State A exercise its jurisdiction in State B's cyber infrastructure when trying to ascertain the attribution to State B?
 
** Can State A exercise its jurisdiction in State B's cyber infrastructure when trying to ascertain the attribution to State B?
* [[Countermeasures]] by State A:
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* Countermeasures by State A:
 
** Does State A commit an internationally wrongful act by responding to an act whose wrongfulness has not been ascertained?
 
** Does State A commit an internationally wrongful act by responding to an act whose wrongfulness has not been ascertained?
   

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