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

Abstract

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.

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