<p >Attribution of the use of information and communication technologies (hereinafter - ICT) to a state for the purposes of invoking its international responsibility is a complex task from both a practical and legal point of view. The paper examines in detail the extent of state control over non-state actors using ICTs that would be sufficient to attribute their conduct to the state. In addition, the article considers the development of special rules of attribution for the so-called “cyberspace”.

<p >The aim of the research is to identify the possibility of adapting customary rules on state responsibility to the use of ICTs by non-state actors. The objectives of the research are to analyse the rules for attributing to the State the conduct of private parties acting on the instructions of, or under the direction or control of, the State and to summarise doctrinal approaches to the application of this attribution ground to the use of ICTs. In addition, the objectives of the research include the review of conditions under which special rules of attribution of the ICTs’ use may emerge, as well as an overview of existing state practice and opinio juris in the respective area.

<p >Apart from general scientific research methods, the article uses comparative, formal-legal, historical methods, as well as the methodology of structural critical research.

<p >The authors conclude that the test of “effective” control developed by the International Court of Justice is hardly appropriate in the “cyber context”. Article 8 of Articles on State Responsibility allows to interpret the term “control” beyond the ICJ’s standard and apply this standard in conjunction with the “overall” control test as far as the use of ICTs is concerned. The authors also noted a very cautious approach in State practice in attributing harmful use of ICTs to specific States, which does not contribute to the emergence of special rules of attribution under article 55 of Articles on State Responsibility.