Due Diligence

Due diligence (1)

This report aims at explaining whether the duty of diligence exists in the cyber domain concerning the rights and obligations in the state-to-state relationship.

Due diligence has various meanings under international law. The authors explore the principle established by the International Court of Justice in the Corfu Channel case, which requires states to prevent their territory from being used for acts that harm other states, and consider its extension to cyberspace.

The report addresses the status of due diligence in international law, the content of due diligence, breaches of due diligence, and the policy perspective on diligence in the cyber domain. It discusses differing perspectives, particularly between European and Chinese views, on the applicability and scope of due diligence in cyber operations. 

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