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! scope="col" style="background-color:#ffffaa;"| [[State responsibility]]
 
! scope="col" style="background-color:#ffffaa;"| [[State responsibility]]
 
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|[[File:State responsibility.svg|left|frameless|200x200px]]Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the fact that each State has a legal personality and can bear legal obligations.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008), para 1.</ref> The law of State responsibility is largely customary in nature; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.<ref>Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.</ref> While some of the Articles are more controversial, they are generally accepted as reflective of customary law.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008), para 65.</ref> The law of State responsibility also applies to cyber operations and other cyber activities.<ref>UN GGE 2015 [https://documents-dds-ny.un.org/doc/UNDOC/GEN/N15/228/35/PDF/N1522835.pdf?OpenElement 'Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security report'] (22 July 2015) UN Doc A/70/174, para 28(f); [https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], commentary to rule 14, para 1. See also, e.g., Japan, ‘[https://unoda-web.s3.amazonaws.com/wp-content/uploads/2020/02/japan-position-paper-for-oewg-report.pdf Japan’s Position Paper for the Report of the United Nations Open-Ended Working Group on “Developments in the Field of Information and Telecommunications in the Context of International Security”]’ (undated) (‘Japan recognizes that basic rules on State responsibility including those on countermeasures applies to cyberspace.’); Dutch Ministry of Foreign Affairs, ‘[https://www.government.nl/ministries/ministry-of-foreign-affairs/documents/parliamentary-documents/2019/09/26/letter-to-the-parliament-on-the-international-legal-order-in-cyberspace Letter to the parliament on the international legal order in cyberspace]’ (5 July 2019) 1 (‘Any violation of [obligations under international
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|[[File:State responsibility.svg|left|frameless|200x200px]]Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the fact that each State has a legal personality and can bear legal obligations.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008), paragraph 1.</ref> The law of State responsibility is largely customary in nature; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.<ref>Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.</ref> While some of the Articles are more controversial, they are generally accepted as reflective of customary law.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008), paragraph 65.</ref> The law of State responsibility also applies to cyber operations and other cyber activities.<ref>UN GGE 2015 [https://documents-dds-ny.un.org/doc/UNDOC/GEN/N15/228/35/PDF/N1522835.pdf?OpenElement 'Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security report'] (22 July 2015) UN Doc A/70/174, para. 28(f); [https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], commentary to rule 14, para. 1. See also, e.g., Japan, ‘[https://unoda-web.s3.amazonaws.com/wp-content/uploads/2020/02/japan-position-paper-for-oewg-report.pdf Japan’s Position Paper for the Report of the United Nations Open-Ended Working Group on “Developments in the Field of Information and Telecommunications in the Context of International Security”]’ (undated) (‘Japan recognizes that basic rules on State responsibility including those on countermeasures applies to cyberspace.’); Dutch Ministry of Foreign Affairs, ‘[https://www.government.nl/ministries/ministry-of-foreign-affairs/documents/parliamentary-documents/2019/09/26/letter-to-the-parliament-on-the-international-legal-order-in-cyberspace Letter to the parliament on the international legal order in cyberspace]’ (5 July 2019) 1 (‘Any violation of [obligations under international
 
law that apply to states in cyberspace] that is attributable to a
 
law that apply to states in cyberspace] that is attributable to a
 
state constitutes an internationally wrongful act, unless there is a ground for precluding the wrongfulness of an act recognised in international law’); United Kingdom, ‘[https://www.un.org/disarmament/wp-content/uploads/2018/11/statement-by-united-kingdom-of-great-britain-and-northern-ireland-72-dmis.pdf Statement on Other Disarmament Measures and International Security to the 72nd UNGA First Committee]’ (23 October 2017) (‘We reaffirm that the law of state responsibility applies to cyber operations in peacetime’).</ref>
 
state constitutes an internationally wrongful act, unless there is a ground for precluding the wrongfulness of an act recognised in international law’); United Kingdom, ‘[https://www.un.org/disarmament/wp-content/uploads/2018/11/statement-by-united-kingdom-of-great-britain-and-northern-ireland-72-dmis.pdf Statement on Other Disarmament Measures and International Security to the 72nd UNGA First Committee]’ (23 October 2017) (‘We reaffirm that the law of state responsibility applies to cyber operations in peacetime’).</ref>

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