Use of Force in Cyberspace (CRS Report for Congress)
| Release Date |
Revised Nov. 29, 2024 |
| Report Number |
IF11995 |
| Report Type |
In Focus |
| Authors |
Catherine A. Theohary |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
There are presently no internationally accepted criteria for
determining whether a nation state cyberattack is a use of
force equivalent to an armed attack, which could trigger a
military response. Likewise, no international, legally
binding instruments have yet been drafted explicitly to
regulate inter-state relations in cyberspace. Self-defense and
countermeasures for armed attacks are permitted in
international law when a belligerent violates international
law during peacetime, or violates the law of armed conflict
(LOAC) during wartime. However, the term “armed attack”
has no universally accepted definition with respect to
cyberattacks. In addition to what constitutes an armed
attack in cyberspace, questions remain over which
provisions of existing international law govern the conduct
of war in cyberspace.
