ABSTRACT
This chapter addresses the legality of both the Russian influence campaign and, since it is a growing phenomenon, cyber meddling in general. It attempts to pinpoint when cyber election meddling amounts to one or more internationally wrongful acts, that is, when it is unlawful under international law and identifies responses available to the target State under international law. The Obama Administration, despite publicly pointing the finger at Russia for engaging in election meddling, never asserted that the actions violated any primary rule of international law. In the case of election meddling, the likeliest breach by a State of its international law obligations is violation of the target State’s sovereignty. Before turning to the merits of that possibility, it is first necessary to address a recent dispute over whether sovereignty is a primary rule of international law or merely a foundational principle from which primary rules such as the prohibitions on intervention and the use of force emanate.
