Use of Force
Questions
- 1. Does the prohibition of use of force apply to cyber operations?
- 1.1 Can a stand-alone cyber operation violate the prohibition on the use of force?
- 2. Must a State intend for a cyber operation to amount to a use of force for there to be a violation of the prohibition on the use of force?
- 2.1 Must the cyber operation have a coercive character (or effect) to qualify as a use of force?
- 3. Does the State apply a “scale and effects” test to assess whether an action constitutes a use of force?
- 4. Does the State apply a totality of circumstances or similar context-based test to assess uses of force?
- 5. Does the State weigh the actual consequences of an action to assess whether it amounts to a use of force?
- 6. Does the State only recognize a use of force in cyber contexts by analogy to consequences caused by kinetic force (e.g., injury, death, damage or destruction)?
- 6.1 Are kinetic-like effects a required consequence of a cyber operation to qualify as a use of force (versus a factor among others to be considered)?
- 6.2 Does the State recognize a “small” or de minimus effects exception to the prohibition on the use of force?
- 6.3 Can non-violent effects alone qualify as “force” (e.g., substantial economic harm, losses of functionality, etc.)?
- 6.4 Can spill over effects from a cyber operation (i.e., those that are secondary or knock-on from the immediate effects) qualify as a use of force?
- 7. Does the State recognize an accumulation theory or similar aggregation theory of use of force?
- 8. Does the State consider a use of force to be the equivalent of an armed attack (per Article 51 of the UN Charter) subject to the same threshold?
- 9. Can a cyber operation amount to a prohibited threat of a use of force?
Visualizations
Visualizations for this issue area are under construction. Check back soon.