The Attribution of Omissions: Due Diligence in Cyberspace and State Responsibility

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Version: Final published version
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Serval ID
serval:BIB_BE44991D6E5D
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
The Attribution of Omissions: Due Diligence in Cyberspace and State Responsibility
Journal
Swiss Review of International Law
Author(s)
Schmid Evelyne, Erceiş Ayşe Özge
Publication state
Published
Issued date
01/12/2023
Peer-reviewed
Oui
Number
33
Pages
577-596
Language
english
Abstract
Cyber operations can cause significant disruption. When a state fails to do what is arguably required to prevent, halt, mitigate or repress cyber operations, the nature of the relevant conduct is a potential failure to exercise due diligence, in other words, an omission. Illustrated with a case study on cyberspace, we aim to show that the attribution of omissions in the international law of state responsibility is far more straightforward than what states seem aware of. We conduct a comparative analysis of a set of reports submitted by states about how international law applies in cyberspace to examine how states deal with the attribution issues around failures to exercise due diligence. After more than twenty years of existence, the ILC Articles on State Responsibility are the uncontroversial reference point for the analysis of state responsibility and and examining them in relation to omissions underscores their practicality in addressing due diligence failures.
Keywords
cyber space, international law, state responsibility, omissions, due diligence
Create date
25/09/2023 18:48
Last modification date
02/12/2023 7:26
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