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LEGAL ACCOUNTABILITY FOR MALICIOUS CYBER OPERATIONS

AUTHORS:
HARRIET MOYNIHAN (LEAD AUTHOR)
PHILIPPA WEBB
AMAL CLOONEY

ABSTRACT

This Policy Brief explores legal accountability options for malicious cyber operations as cyber threats escalate worldwide.

The Brief considers the extent to which States that are the victims of malicious cyber operations could seek accountability through international litigation, arbitration, independent fact-finding mechanisms, or other means of settling disputes peacefully under international law. The Brief uses hypothetical case studies to explore possible avenues for accountability before the International Court of Justice and regional bodies. The Brief also highlights increasingly effective international efforts to investigate and prosecute cybercrime through public-private partnerships and evidence-sharing. The Brief concludes by identifying areas in which the new Oxford Institute for Technology and Justice will conduct further research and capacity-building to strengthen legal accountability for malicious cyber operations.

https://www.doi.org/10.35489/BSG-OITJ-PB-1_2025-01

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