The author would like to thank everyone involved in crafting and shaping this Comment, especially her faculty advisor, Professor Mary Ellen O’Connell, her editors (Osama Alkhawaja, Whittney Barth, Michael Christ, Mark Cronin, Nyle Hussain, Casey Jedele, Justyna Jozwik, and Brian Pollock), and the entire CJIL Board. Special thanks to Carol, Mark, Jake, and Rob for their love and support. Finally, this Comment would not exist without Michael J. Assante, in whose memory this Comment is offered, and Page O. Stoutland, who first opened the author’s eyes to the idea of active cyber defense.
I am grateful to Professors Lee Fennell and Tom Ginsburg for their advising and to Whittney Barth, Laurel Hattix, and Siqing Li for their guidance and editing. I would also like to thank the entire staff and board of the Chicago Journal of International Law. All mistakes are my own.
Post-Doctoral Global Fellow and Scholar in Residence, Center for Human Rights and Global Justice, New York University School of Law.
I would like to thank Joseph Raz, Mark Barenberg, Sarah Cleveland, David Bilchitz, David Miller, Thomas Pogge, Leora Dahan Katz, and Yuliya Mik for their insightful comments on earlier drafts of this Article. I presented the Article in a special workshop, Human Rights Accountability of Non-State Actors, which I organized at the IVR World Congress in Lucerne (July 7–13, 2019) and in the Junior Scholar Workshop at the Faculty of Law of the Hebrew University of Jerusalem (Nov. 27, 2019). I am very grateful to all participants of these workshops for their helpful advice. Many thanks to the editors of the Chicago Journal of International Law for their important suggestions and support.
I am in no way beneath thee in moral worth and, as a person, I am equal to thee. 1
Acting Assistant Professor, New York University School of Law.
The author is sincerely grateful for feedback on earlier drafts of this Article from Professors Andrew I. Schoenholtz, Guy S. Goodwin-Gill, Katharine Donato, Claire Higgins, Greg Klass, Sherally Munshi, Robin West, Edith Beerdsen, and J. Benton Heath. The author is also grateful to the participants of the 2019 Emerging Scholars Network Workshop hosted by the Kaldor Centre for International Refugee Law at UNSW Sydney and Georgetown’s Institute for the Study of International Migration, as well as the 2018–2019 participants of the Georgetown Law S.J.D./Fellows Workshop. Additionally, the author would like to thank the student research assistants from both Georgetown Law’s Human Rights Institute and NYU Law.
I would like to thank Professors Jonathan Graubart, Nino Guruli, and Aziz Huq for their insightful commentary. I would also like to thank the staff of the Chicago Journal of International Law and the Salzburg Global Seminar for allowing me to present and workshop the ideas in this Comment at their annual symposiums. Lastly, I am indebted to Professor Caroline Kaeb and Carsten Stahn for their substantial research on this subject. All mistakes are my own.