Attribution of Cyberattacks: The Need for New Evidentiary Standards in International Law
Abstract:
In the contemporary era, individuals, private entities, public institutions, and state agencies are increasingly dependent on digital technologies and infrastructures for their daily operations. This reliance on digital systems and data exposes them to vulnerabilities, which can be exploited by malicious actors, both state and non-state, to inflict significant harm. One of the most common forms of causing damage, cyberattacks may target individual users and/or organizations, their impact can extend to the broader security and critical infrastructure of entire States. As a result, there is a growing imperative within the international community to ensure accountability for such attacks and to develop mechanisms that deter future incidents. Within this framework, the attribution of cyberattacks has become a central issue in interstate relations and international legal discourse. The mentioned issue is thoroughly discussed in presented paper, which examines the existing standards of proof and methodologies under the international law of State responsibility, aiming to identify the key advantages, challenges, and prospects of establishing a uniform attribution standard for cyberoperations within the scope of international law.
Keywords:
Cyberoperation; Cross-checking; Sliding scale of evidence; State Responsibility