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![handle is hein.journals/hlreoffrec9 and id is 1 raw text is: ARTICLE
SWINGING A FIST IN CYBERSPACE
Jessica ZhannaMalekos Smith*
I. INTRODU CTION ............................................................ 1
II. LEGAL FRAMEW ORK .................................................... 2
III. DEFINING CYBER ATTACKS ....................................... 3
IV. STATE RESPONSIBILITY ............................................... 5
V . C ON CLU SION ............................................................... 6
I. INTRODUCTION
As the US Supreme Court Justice Oliver Wendell Holmes Jr.
opined, [t]he right to swing my fist ends where the other man's
nose begins.1 But when the force of a state's fist collides with
another state's nose, what rights are activated? Although the
use of force is prohibited under Article 2(4) of the United Nations
(UN) Charter,2 two exceptions exist: (1) The collective security
power of the UN Security Council; and (2) a state's inherent right
* Jessica Zhanna Malekos Smith, J.D. is a M.A. candidate with King's College
London, Department of War Studies. Previously, she served as a Captain in the US Air
Force Judge Advocate General's Corps. Prior to the military, Jessica was a Postdoctoral
Fellow with the Belfer Center's Cyber Security Project at the Harvard Kennedy School.
Opinions expressed in her articles are those of the author's and not those of the US De-
partment of Defense or US Air Force. With special thanks to Thomas E. Smith and the
diligent staff of the Houston Law Review for their generosity of time and support.
1. Annie Laurie Gaylor, Oliver Wendell Holmes, Jr., FREEDOM FROM RELIGION
FOUNDATION, https://ffrf.org/news/day/dayitems/item/14246-oliver-wendell-holmes-jr (last
visited May 14, 2018).
2. NIGEL D. WHITE & CHRISTIAN HENDERSON, RESEARCH HANDBOOK ON
INTERNATIONAL CONFLICT AND SECURITY LAW 118 (1996).
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