Essay --

With the development of technologies, Cyber Attacks have been increased rapidly in the past few years. Probability of causing damage to critical state infrastructure like nuclear or defense system, air traffic control, other governmental institutions, business and citizens leads to the problematic issue of its attribution, which is being highly debated in international Law. This Article by Nicholas Tsagourias makes contribution in that debate and revolves around the question of ascription of cyber-attacks as an armed attack and the right of self defense by the victim state in response to such attacks. However, the law of war requires that the cyber-attack must be attributed before a counterattack is permitted. This Article critically evaluates different obstacles of attribution like anonymity (determination of attacker’s identity), attack from different jurisdictions, and presentation of evidence in order to exercise the right of self defense by throwing the light on various political, technical and legal aspects. Context Article 51 preserves the "right of individual or collective self defense if an armed attack occurs..." Therefore, the right of self defense can be exercised when an issue becomes complicated and reaches to a particular level of intensity between states or a state and organized and identified group, which may result into injuries of individuals and destruction of objects and properties. But in cyber-attack, chances are less to cause immediate human injuries. The author of the article provides brief detail on some important issues for example how to deal with a cyber-attack by a non-state actor. So this essay emphasizes that Cyber warfare laws require more development and a proper framework because states may fea... ... the response of armed attack, Burdon of proof and the state control over its entities. International Court of Justice in Nicaragua Cas holds that a state is liable for the actions of â€Å"paramilitaries or non-State actors only if the actors in question act in ‘complete dependence’ on the state. Whereas the opposing â€Å"overall control† standard set forth in Prosecutor v. Tadic which holds that â€Å"where a State has a role in organizing, coordinating, and providing support for a group, the group’s acts are attributable to the State. International Law has different view on burden of proof. ICJ has made criticism on the concept of overall control because there was no effective control by the Serbian government over the acts took place. Its finding regarding the culpability of Serbia was, Serbia’s guilt must be proven beyond any doubt, rather than beyond a reasonable doubt.