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

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 with annex at the link below. A version without the annex can be found here.