Policy Brief | Application of International Law to Cyber Operations: A Comparative Analysis of States' Views

Policy Brief | Application of International Law to Cyber Operations: A Comparative Analysis of States' Views

New publication / 16 Mar 2020

In this policy brief, Przemysław Roguski offers a comparative analysis of seven States on how international law applies to cyber operations.

Lucas Kello is Associate Professor of International Relations, serves as Director of the Centre for Technology and Global Affairs, and is also co-Director of the interdisciplinary Centre for Doctoral Training in Cyber Security at the Department of Computer Science at University of Oxford.

Duncan Hollis is the Laura H. Carnell Professor of Law at Temple Law School, Temple University. He is an elected member of the American Law Institute.

Bibi van den Berg is Professor of Cybersecurity Governance within the Faculty of Governance and Global Affairs at the Institute of Security and Global Affairs.

This policy brief is a comparative analysis of the views of seven States, which to date have presented the most detailed and comprehensive positions on how international law applies in cyberspace: Australia, Estonia, France, Germany, the Netherlands, the United Kingdom, and the United States. The aim of the brief is to discuss observable trends, commonalities and differences between the analysed States in their understanding of the applicability of international law to cyber operations and to offer recommendations with regard to policy options open to States which may be currently in the process of formulating their own views on this matter.

About this policy brief

This brief offers a comparative analysis of seven States (Australia, Estonia, France, Germany, the Netherlands, the United Kingdom and the United States) on how international law applies to cyber operations. The scope of analysis is limited to peacetime cyber operations, and this brief analyses States' views with regards to the legal qualification of cyber operations, their attribution and the response options which States have under international law.

About the author

This brief is written by Przemysław Roguski, a Lecturer in Law at the Jagiellonian University in Kraków (Poland) and an expert on cybersecurity and international law at the Kościuszko Institute. He was a former Visiting Fellow with The Hague Program for Cyber Norms in September 2019.

You can download the policy brief here.

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