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Tallinn Manual on the International Law Applicable to Cyber Warfare

Tallinn Manual on the International Law Applicable to Cyber Warfare

Author: Professor Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 9781107613775
Published In: February 2013
Format: Paperback , 300 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
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The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application.

• Black letter rules state the international law applicable to cyber warfare

• Commentary discusses the rules and lays out their legal basis and logic

• Identification of competing positions and interpretations highlights areas where group consensus could not be achieved

The International Group of Experts and Participants	x
Short form citations	xiv
Introduction	1
Part I International cyber security law
1 States and cyberspace	15
Section 1:Sovereignty, jurisdiction, and control	15
Rule 1 – Sovereignty	15
Rule 2 – Jurisdiction	18
Rule 3 – Jurisdiction of flag States and States of registration	21
Rule 4 – Sovereign immunity and inviolability	23
Rule 5 – Control of cyber infrastructure	26
Section 2:State responsibility	29
Rule 6 – Legal responsibility of States	29
Rule 7 – Cyber operations launched from governmental cyber infrastructure	34
Rule 8 – Cyber operations routed through a State	36
Rule 9 – Countermeasures	36
2 The use of force	42
Section 1:Prohibition of the use of force	42
Rule 10 – Prohibition of threat or use of force	42
Rule 11 – Definition of use of force	45
Rule 12 – Definition of threat of force	52
Section 2:Self-defence	54
Rule 13 – Self-defence against armed attack	54
Rule 14 – Necessity and proportionality	61
Rule 15 – Imminence and immediacy	63
Rule 16 – Collective self-defence	67
Rule 17 – Reporting measures of self-defence	68
Section 3:Actions of international governmental organizations	69
Rule 18 – United Nations Security Council	69
Rule 19 – Regional organizations	71
Part II The law of cyber armed conflict
3 The law of armed conflict generally	75
Rule 20 – Applicability of the law of armed conflict	75
Rule 21 – Geographical limitations	78
Rule 22 – Characterization as international armed conflict	79
Rule 23 – Characterization as non-international armed conflict	84
Rule 24 – Criminal responsibility of commanders and superiors	91
4 Conduct of hostilities	95
Section 1:Participation in armed conflict	95
Rule 25 – Participation generally	95
Rule 26 – Members of the armed forces	96
Rule 27 – Levée en masse	102
Rule 28 – Mercenaries	103
Rule 29 – Civilians	104
Section 2:Attacks generally	105
Rule 30 – Definition of cyber attack	106
Rule 31 – Distinction	110
Section 3:Attacks against persons	113
Rule 32 – Prohibition on attacking civilians	113
Rule 33 – Doubt as to status of persons	114
Rule 34 – Persons as lawful objects of attack	115
Rule 35 – Civilian direct participants in hostilities	118
Rule 36 – Terror attacks	122
Section 4:Attacks against objects	124
Rule 37 – Prohibition on attacking civilian objects	124
Rule 38 – Civilian objects and military objectives	125
Rule 39 – Objects used for civilian and military purposes	134
Rule 40 – Doubt as to status of objects	137
Section 5:Means and methods of warfare	140
Rule 41 – Definitions of means and methods of warfare	141
Rule 42 – Superfluous injury or unnecessary suffering	143
Rule 43 – Indiscriminate means or methods	144
Rule 44 – Cyber booby traps	146
Rule 45 – Starvation	148
Rule 46 – Belligerent reprisals	149
Rule 47 – Reprisals under Additional Protocol I	152
Rule 48 – Weapons review	153
Section 6:Conduct of attacks	156
Rule 49 – Indiscriminate attacks	156
Rule 50 – Clearly separated and distinct military objectives	158
Rule 51 – Proportionality	159
Section 7:Precautions	164
Rule 52 – Constant care	165
Rule 53 – Verification of targets	167
Rule 54 – Choice of means or methods	168
Rule 55 – Precautions as to proportionality	170
Rule 56 – Choice of targets	170
Rule 57 – Cancellation or suspension of attack	172
Rule 58 – Warnings	173
Rule 59 – Precautions against the effects of cyber attacks	176
Section 8:Perfidy, improper use, and espionage	180
Rule 60 – Perfidy	180
Rule 61 – Ruses	184
Rule 62 – Improper use of the protective indicators	185
Rule 63 – Improper use of United Nations emblem	187
Rule 64 – Improper use of enemy indicators	188
Rule 65 – Improper use of neutral indicators	191
Rule 66 – Cyber espionage	192
Section 9:Blockade and zones	195
Rule 67 – Maintenance and enforcement of blockade	200
Rule 68 – Effect of blockade on neutral activities	200
Rule 69 – Zones	202
5 Certain persons, objects, and activities	203
Section 1:Medical and religious personnel and medical units, transports, and material	204
Rule 70 – Medical and religious personnel, medical units and transports	204
Rule 71 – Medical computers, computer networks, and data	206
Rule 72 – Identification	206
Rule 73 – Loss of protection and warnings	208
Section 2:United Nations personnel, installations, materiel, units, and vehicles	210
Rule 74 – United Nations personnel, installations, materiel, units, and vehicles	210
Section 3:Detained persons	213
Rule 75 – Protection of detained persons	214
Rule 76 – Correspondence of detained persons	216
Rule 77 – Compelled participation in military activities	217
Section 4:Children	218
Rule 78 – Protection of children	218
Section 5:Journalists	220
Rule 79 – Protection of journalists	220
Section 6:Installations containing dangerous forces	223
Rule 80 – Duty of care during attacks on dams, dykes, and nuclear electrical generating stations	223
Section 7:Objects indispensable to the survival of the civilian population	225
Rule 81 – Protections of objects indispensable to survival	225
Section 8:Cultural property	228
Rule 82 – Respect and protection of cultural property	228
Section 9:The natural environment	231
Rule 83 – Protection of the natural environment	231
Section 10:Diplomatic archives and communications	233
Rule 84 – Protection of diplomatic archives and communications	233
Section 11:Collective punishment	234
Rule 85 – Collective punishment	234
Section 12:Humanitarian assistance	236
Rule 86 – Humanitarian assistance	236
6 Occupation	239
Rule 87 – Respect for protected persons in occupied territory	240
Rule 88 – Public order and safety in occupied territory	242
Rule 89 – Security of the Occupying Power	244
Rule 90 – Confiscation and requisition of property	245
7 Neutrality	248
Rule 91 – Protection of neutral cyber infrastructure	250
Rule 92 – Cyber operations in neutral territory	251
Rule 93 – Neutral obligations	252
Rule 94 – Response by parties to the conflict to violations	254
Rule 95 – Neutrality and Security Council actions	255
Glossary	257
Index	263