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SSRN Electronic Journal
Article . 2021 . Peer-reviewed
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Armed Attack in Cyberspace: Clarifying and Assessing When Cyber-Attacks Trigger the Netherlands’ Right of Self-Defence

Clarifying and Assessing when Cyber-Attacks Trigger the Netherlands' Right of Self-Defence
Authors: Oorsprong, F.M.E.; Ducheine, P.A.L.; Pijpers, B.M.J.;

Armed Attack in Cyberspace: Clarifying and Assessing When Cyber-Attacks Trigger the Netherlands’ Right of Self-Defence

Abstract

Whilst Article 51 of the UN Charter indicates that an ‘armed attack’ may trigger a State’s inherent right of individual or collective self-defence, the purport of armed attack remains a matter of interpretation and qualification. Moreover, actions carried out in (or through) cyberspace have caused the impetus for another debate: whether and when cyber-attacks can be qualified as an armed attack. To improve the notion of self-defence and contribute to the jus ad bellum (international law on the use of transnational force), more clarification as to what constitutes an armed attack in cyberspace is necessary. The main aim of the paper is to propose a tangible guideline that outlines when cyber-attacks – perpetrated solely in or through cyberspace and not in conjunction with conventional military attacks – can be qualified as an armed attack.

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Netherlands
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green