The Problem of Cyber-Attribution in a Legal Context—Re-assessment of “Problem of Unbalanced Evidence”—

Abstract

“The Cyber Attribution Problem” at the ICJ is caused not only by the anonymity of cyberattacks and the accessibility of evidence, but also by complex factors such as the nature of intelligence-based cyber attribution and national security interests. This article discusses the use of the “Information Asymmetry” mitigation theory in the Corfu Channel case as a means of mitigating the “The Cyber Attribution Problem” and examines the problems in its application.