CYIL 2015

THE KAMPALA AGREEMENT ON CRIME OF AGGRESSION … the identity and motives of the attackers as the decisive element of the attack, others require specific targets directed at by the assault or causing of a certain degree of harm. 7 However, the term of cyber-attack in this paper corresponds to the definition adopted by the United States Department of Defence, which regard as cyber-attack “ an operations to disrupt, deny, degrade, or destroy information resident in computers and computer networks or the computers and networks themselves .” 8 2.2 Examples of cyber-attacks in recent history Since 1998, when thousands of Chinese hackers attacked Indonesian government sites, there have been an enormous number of cyber-attacks on public computer networks belonging to ministries of state, media or banks. 9 The following examples should serve to illustrate the importance of cyber space in connection with state security. Estonia One of the first known massive cyber-attacks which influenced a substantive part of a country’s network infrastructure happened in April 2007 in Estonia. The attackers assaulted a high number of different targets in the country and managed to harm web pages of the government, financial institutions or media. 10 The consequences of the attack were not violent; however the brief interruption of the state’s emergency services which occurred proves a quite serious potential of endangering crucial state services. The operation of banks and media was affected for about a month, and the Estonian government compared that attack and its consequences to a conventional military one. Persons responsible for the attack have never been identified; however the general belief was that the attack was organised, or at least instigated by Russia, yet Russia’s involvement has not ever been proved. 11 However, the attack materialised during a period of tension between Russia and Estonia over the Estonian removal of a Soviet era monument – a bronze soldier of Tallinn (the monument pictures were displayed in some of the corrupted pages), and technical experts supposed the attack too sophisticated to have been launched without state involvement. 12 Nonetheless, the lack of any decisive evidence and denial of attribution from Russia’s or anybody else’s side left the attackers unidentified. 13 7 OPHARDT, J., supra note, p. 4. 8 Joint Chiefs of Staff. Joint Doctrine for Information Operations , 9 October 1998, available at http:// www.c4i.org/jp3_13.pdf. 9 O’CONNEL, M., Cyber Security and International Law , Chatham House, 29 May 2012, p. 1. 10 MILLER, K., The Kampala Compromise and cyberattacks: can there be an international crime of cyber-aggression? Southern California Interdisciplinary Law Journal, 2014, vol. 23, 217 -260, p. 222. 11 O’CONNEL, M., Cyber Security and International Law , Chatham House, 29 May 2012, p. 1.

12 MILLER, K., supra note, p. 222. 13 MILLER, K., supra note, p. 222.

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