As cyber attacks escalate amid rising geopolitical tensions, public services such as healthcare and critical infrastructure are increasingly targeted, causing severe human and economic harm. While states have relied on diplomacy, sanctions, and attribution to respond, litigation has so far been underused.
This blog post explores how courts could provide new pathways to accountability for malicious cyber operations. It examines the potential for inter-state litigation before international and regional courts, the role of advisory opinions, and the challenges of attribution, evidence, and jurisdiction. The post also considers domestic and international criminal prosecutions, civil proceedings, and recent enforcement successes. It argues that developments in evidence gathering and cooperation are making legal accountability more viable, and that as cyber harms grow, litigation is likely to play an increasingly important role in securing justice and redress.