LIJDLR

BEYOND TRADITIONAL ATTRIBUTION: RETHINKING STATE RESPONSIBILITY UNDER ARSIWA IN LIGHT OF THE SOLARWINDS CYBERATTACK

Aakriti Khattry, 3rd year (VI semester) Student at Manipal Law School, Manipal Academy of Higher Education, Bengaluru, (India)

This paper brings to light the evidentiary and normative gaps in cyberspace for the attribution of State responsibility under the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), while also questioning whether the ARSIWA attribution framework is adequately suited to modern cyber operations. This paper also studies how political attribution of cyber operations very often outpaces the stricter and finer legal standards which are required under Arsiwa, through the 2020 SolarWinds cyberattack case. Simultaneously, it argues that while States are fast when it comes to political attribution, they lag in the legal attribution due to the strict evidentiary and structural limitations.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 768–782.
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