Law of Evidence in the Cyber Operations Context

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Title: Law of Evidence in the Cyber Operations Context
Author: Slotová, Katarína
Contributor: University of Helsinki, Faculty of Law
Publisher: Helsingin yliopisto
Date: 2019
Language: eng
Thesis level: master's thesis
Discipline: Kansainvälinen oikeus
International law
Abstract: This thesis work looks at the law of evidence within the specific context of international cyber operations. The focus is on standard of proof and burden of proof, while the aim is to conclude what evidentiary principles should be applied by international bodies in cyber operation cases. This is a challenging task due to lack of international case law dealing specifically with cyber operations. I analyzed the existing international case law and three cyber operations of various severity that have occurred in the real world. Through analogy, while taking the conditions characteristic to the cyber realm into consideration, I argued for a modified clear and convincing standard of proof to be applied, while shifting the burden of proof from the victim State is unlikely. Additionally, this thesis work provides analysis of the nature of evidence gathered in the cyber operations discussed, which contributes to identification of the most suitable evidentiary principles, including principles for admissibility of evidence, in the cyber area. The thesis work concludes with attribution of cyber operations, where I address the most problematic issue, specifically the need of introducing a new attribution test to cyber-related cases.

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