Cyber Operations, Artificial Intelligence And The Law Of State Responsibility

Introduction

The nature of State conduct has undergone significant transformation in the twenty-first century. Traditional international law frameworks were developed in an era when State actions were generally physical, direct and identifiable. However, rapid technological advancements have enabled States to conduct operations in the digital sphere through cyber capabilities, artificial intelligence systems and digital surveillance mechanisms, often with varying degrees of anonymity.

The framework governing State responsibility, particularly the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), was developed against a backdrop of conventional State conduct. Today, the increasing use of artificial intelligence, cyber operations and cross-border surveillance raises important questions regarding attribution, accountability and the adequacy of existing legal standards. These developments highlight the growing need to examine