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Accountability

Promoting accountability for unlawful cyber operations

The Institute conducts research, promotes dialogue and formulates policy proposals to advance accountability in the digital age, particularly in the context of international law. This pillar of our work focuses on two key strands: promoting accountability for State-sponsored cyber operations and for cybercrime, and the identification and development of best practices in obtaining, handling and deploying digital evidence for use in accountability processes.

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Our Projects

The Institute has published its first Policy Brief on Legal Accountability for Malicious Cyber Operations as part of our new Policy Paper series. The Brief reviews States’ traditional political or diplomatic responses to cyber operations and examines legal accountability options such as fact-finding, conciliation, mediation, arbitration, and inter-State litigation, as well as  the possibility of prosecutions for domestic or international crimes. Future Policy Briefs will develop recommendations on the use of current and new legal mechanisms to increase accountability for cyber operations.

  • We have contributed to the forthcoming Tallinn Manual 3.0 on the International Law Applicable to Cyber Operations, providing comments on the peaceful settlement of cyber disputes.
  • In parallel, the Institute is working with partners to improve how digital evidence is obtained, preserved, and used in accountability processes. We are mapping how international and domestic courts handle digital evidence in criminal proceedings, and will contribute a chapter on The Use of New Technologies to Manage Digital Evidence to the forthcoming Research Handbook on International Criminal Evidence (Elgar, 2026).
  • The Institute is collaborating with the Oxford Process on International Law Protections in Cyberspace on its research agenda, including convening the next session in Oxford in 2026.

Our team

 

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Director and Professor of Public International Law

Philippa Webb

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Senior Fellow and Professor of Practice in International Law

Amal Clooney

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Oxford lead

Harriet Moynihan

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Daisy Peterson

LEGAL ACCOUNTABILITY FOR MALICIOUS CYBER OPERATIONS

This Brief considers the options for States to seek legal accountability for malicious cyber operations, examining both the application of the international law on the peaceful settlement of disputes to cyber operations, and the role of international and domestic courts in the prosecution of malicious cyber activity. The analysis is timely as cyber threats grow in scale, sophistication and gravity, yet too often, hostile threat actors are able to act with impunity.

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