Legal Attribution of Cyberattacks: Evidence Standards and International Cooperation in the Kudankulam Case

Abstract

This research highlights the growing prevalence of cyberattacks on an international level, focusing on the limitations of "public attribution" (publicly naming and condemning the responsible entities) as a tool for deterrence and punishment. It underscores the need for legal attribution within the framework of international law to ensure compensation or legal redress. The study reviews the current standards and methods of proof in international law, specifying the nature and extent of evidence required to establish a state's responsibility for a cyberattack in an international judicial forum. It concludes that judicial forums are unlikely to relax proof standards to accommodate cyber challenges, but circumstantial evidence remains a viable option. This issue is examined contextually through the cyber incident at India's Kudankulam Nuclear Power Plant, with an in-depth analysis of its legal and technical implications. The research also addresses emerging cyber threats, the role of non-state actors, and mechanisms for international cooperation, offering recommendations for the development of international law.