Abstract

The determination of the threshold above which a cyber operation amounts to a use of force under Article 2(4) of the UN Charter has proved to be a very contentious issue. The present Chapter addresses this problem and first establishes what is meant by ‘armed’ force and whether cyber operations can qualify as such. It then distinguishes between cyber attacks and cyber exploitation and, within the former, between cyber attacks that cause, or are reasonably likely to cause, physical damage to persons or property, those that incapacitate infrastructures without physically damaging them, and other cyber attacks and cyber-related conduct.

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