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Cyber WarLaw and Ethics for Virtual Conflicts$
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Jens David Ohlin, Kevin Govern, and Claire Finkelstein

Print publication date: 2015

Print ISBN-13: 9780198717492

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198717492.001.0001

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Evidentiary Issues in International Disputes Related to State Responsibility for Cyber Operations

Evidentiary Issues in International Disputes Related to State Responsibility for Cyber Operations

Chapter:
(p.215) 10 Evidentiary Issues in International Disputes Related to State Responsibility for Cyber Operations
Source:
Cyber War
Author(s):

Marco Roscini

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717492.003.0011

Existing works on inter-state cyber operations have focused so far on whether such operations are consistent with primary norms of international law and on the remedies available to the victim state under the jus ad bellum and the law of state responsibility. They have almost entirely neglected a discussion of the evidence the victim state needs to produce to demonstrate that an unlawful cyber operation has been conducted against it and that it is attributable to another state. Taking the International Court of Justice’s case-law into account, the chapter discusses who has the burden of proof in relation to claims seeking remedies for damage caused by cyber operations, the standard of proof required in the cyber context, and, finally, the possible methods of proof, distinguishing between those which are admissible and those which are inadmissible.

Keywords:   cyberwarfare, cyberwar, cyber attacks, international law, law of evidence, burden of proof, standard of proof, International Court of Justice, attribution, state responsibility

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