Editing Scenario 06: Cyber countermeasures against an enabling State

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[[File:Hacker2.jpg|thumb|© NicoElNino. Licensed from Shutterstock.|alt=]] A country believed to possess highly developed cyber capabilities repeatedly fails to assist other States in countering cyber attacks emanating from its territory. After yet another malicious cyber operation from the former State’s territory results in numerous casualties abroad, the said State comes under a large-scale DDoS attack. The scenario considers the international obligation of due diligence in the cyber context and the ability of States to take countermeasures in response to violations of that obligation.
 
[[File:Hacker2.jpg|thumb|© NicoElNino. Licensed from Shutterstock.|alt=]] A country believed to possess highly developed cyber capabilities repeatedly fails to assist other States in countering cyber attacks emanating from its territory. After yet another malicious cyber operation from the former State’s territory results in numerous casualties abroad, the said State comes under a large-scale DDoS attack. The scenario considers the international obligation of due diligence in the cyber context and the ability of States to take countermeasures in response to violations of that obligation.
 
== Scenario ==
 
== Scenario ==
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== Checklist ==
 
== Checklist ==
* [[Due diligence]]:
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* Due diligence: Did the relevant cyber operation adversely affect the rights of a State?
** Did the relevant cyber operation adversely affect the rights of a State?
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* Due diligence: Was the cyber operation conducted from or through the territory of another State?
** Was the cyber operation conducted from or through the territory of another State?
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* Due diligence: Would the cyber operation have been unlawful if conducted by the potentially responsible State?
** Would the cyber operation have been unlawful if conducted by the potentially responsible State?
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* Due diligence: Did the incident result in serious adverse consequences for the victim State?
** Did the incident result in serious adverse consequences for the victim State?
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* Due diligence: Did the potentially responsible State know of the incident in question? Alternatively, even if it only became aware of the incident through the information from the injured State, should it have known of it at the material time?
** Did the potentially responsible State know of the incident in question? Alternatively, even if it only became aware of the incident through the information from the injured State, should it have known of it at the material time?
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* Due diligence: Did the potentially responsible State take all feasible measures to put an end to the malicious cyber activities?
** Did the potentially responsible State take all feasible measures to put an end to the malicious cyber activities?
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* Countermeasures: Is the injured State responding to a prior internationally wrongful act of the responsible State?
* [[Countermeasures]]:
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* Countermeasures: Would the injured State’s conduct taken in response amount to an internationally wrongful act if not justified as a countermeasure?
** Is the injured State responding to a prior internationally wrongful act of the responsible State?
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* Countermeasures: Do the measures taken in response by the injured State meet the conditions prescribed for the lawful resort to countermeasures under international law?
** Would the injured State’s conduct taken in response amount to an internationally wrongful act if not justified as a countermeasure?
 
** Do the measures taken in response by the injured State meet the conditions prescribed for the lawful resort to countermeasures under international law?
 
  
 
== Appendixes ==
 
== Appendixes ==
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* [[Scenario 07: Leak of State-developed hacking tools]]
 
* [[Scenario 07: Leak of State-developed hacking tools]]
 
* [[Scenario 09: Economic cyber espionage]]
 
* [[Scenario 09: Economic cyber espionage]]
* [[Scenario 14: Ransomware campaign]]
 
  
 
=== Notes and references ===
 
=== Notes and references ===

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