COLLECTIVE COUNTERMEASURES IN CYBERSPACE: THE ROLE OF THE AFRICAN UNION IN ADDRESSING STATE-SPONSORED CYBER ATTACKS IN AFRICA

Technological advancement in the 21st century brings numerous challenges and opportunities.
Critical digital infrastructures can suffer a cyberattack with a click of a computer button, leading
to harmful physical consequences. Some of these cyberattacks are conducted by cybercriminals,
cyber terrorists and other actors, but the majority of the attacks are state-sponsored attacks, usually
for political reasons. When a state-sponsored cyberattack strikes and infringes on the victim state's
sovereignty, the victim state has options available under international law to respond. Taking
countermeasures is one recognised response to such internationally wrongful conduct. However,
since African states still struggle to keep pace with the constant technological advancement, this
paper examines the possibility of other African states collaborating with the victim state in taking
appropriate countermeasures through the African Union Organization. Generally, international law
does not permit such collective countermeasures. However, state practice and evidence from
regional organisations like the European Union indicate that the African Union can take measures
to protect its member states equally. This paper examines the legality of such collective
countermeasures and recommends a suitable cyber response framework for the African Union,
drawing from the European Union Cyber Diplomacy Toolbox.