Self-defence
Definition
| Self-defence |
|---|
| A State may respond with force to a cyber operation that qualifies as an “armed attack” pursuant to the customary right to self-defence, as codified in Article 51 of the UN Charter. Most commentators consider only grave uses of force – typically, those that kill or injure persons or damage or destroy property – to constitute armed attacks.[1]
The United States, however, takes an outlier position, consistently arguing that any illegal use of force gives rise to the use of force in self-defence.[2] In Nicaragua, the ICJ identified “scale and effects” as criteria upon which to judge whether a use of force constitutes an armed attack. In the Court’s view, only “the most grave” uses of force do so.[3] Thus, only cyber operations that seriously injure or kill a number of persons or cause significant damage to, or destruction of, property would undoubtedly constitute armed attacks.[4] |
Appendixes
See also
Notes and references
- ↑ Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Merits) [1986] ICJ Rep 14, para 95.
- ↑ US Department of Defense, Office of the General Counsel, Law of War Manual (June 2015), paras. 1.11.5.2, 16.3.3.1.
- ↑ Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Merits) [1986] ICJ Rep 14, para 191.
- ↑ Tallinn Manual 2.0, commentary to rule 71, para 8.