Fitting cyber attacks to jus ad bellum — Consequence-based approach Part I

by Dimitar Kostadinov
Oct. 7, 2017 0 comments INFOSEC Institute Pen Testing & Audits

While still reviewing the instrument-based theory, there was a slight allusion at some point that oftentimes from practical reasons the gravity of acts occurring in the international medium is divided into various standards—a sign self-evidently speaking in favour of consequences criteria over the instrument one. A bright example accounting for that inclination one could derive from the Nicaragua case where ICJ established that it is “necessary to distinguish the most grave forms of the use of force (armed attacks) from other less grave forms” (Nicaragua case, 1986, par. 191), like a “mere frontier incident“. Assessment for possible differences between acts in terms of gravity should be based on the “scale and effects” of the force used by the aggressor