Tallinn Manual 2.0 on the International Law Applicable to Cyber OperationsMichael N. Schmitt Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers. |
Contents
Sovereignty | 11 |
Due diligence | 30 |
Jurisdiction | 51 |
Law of international responsibility | 79 |
Section | 93 |
Section | 130 |
Section | 147 |
Cyber operations not per se regulated | 168 |
Mercenaries | 412 |
Civilians | 413 |
Attacks generally | 414 |
Definition of cyber attack | 415 |
Distinction | 420 |
Attacks against persons | 422 |
Doubt as to status of persons | 424 |
Persons as lawful objects of attack | 425 |
International human rights law | 179 |
Rights enjoyed by individuals | 187 |
Obligations to respect and protect international human rights | 196 |
Limitations | 201 |
Derogation | 207 |
Diplomatic and consular law | 209 |
Inviolability of premises in which cyber infrastructure is located | 212 |
Duty to protect cyber infrastructure | 217 |
Inviolability electronic archives documents and correspondence | 219 |
Free communication | 225 |
Use of premises and activities of officials | 227 |
Privileges and immunities of diplomatic agents and consular officers | 230 |
Law of the sea | 232 |
Cyber operations on the high seas | 233 |
The right of visit and cyber operations | 235 |
Cyber operations in the exclusive economic zone | 239 |
Cyber operations in the territorial sea | 241 |
Cyber operations in the territorial sea during armed conflict | 245 |
Exercise of jurisdiction in relation to foreign vessels in the territorial sea | 246 |
Cyber operations in the contiguous zone | 248 |
Cyber operations in international straits | 249 |
Cyber operations in archipelagic waters | 251 |
Submarine communication cables | 252 |
Air law | 259 |
Control of aircraft conducting cyber operations in national airspace | 261 |
Cyber operations in international airspace | 265 |
Cyber operations jeopardising the safety of international civil aviation | 268 |
Space law | 270 |
Peaceful purposes and uses of force | 273 |
Respect for space activities | 277 |
Supervision responsibility and liability | 279 |
11 | 284 |
Peaceful settlement | 303 |
Prohibition of intervention | 312 |
Section | 329 |
Collective security | 357 |
Section | 368 |
Characterisation as international armed conflict | 379 |
Characterisation as noninternational armed conflict | 385 |
Individual criminal responsibility for war crimes | 391 |
Criminal responsibility of commanders and superiors | 396 |
Conduct of hostilities | 401 |
Members of the armed forces | 402 |
Levée en masse | 408 |
Spies | 409 |
Civilian direct participants in hostilities | 428 |
Terror attacks | 433 |
Attacks against objects | 434 |
Civilian objects and military objectives | 435 |
Objects used for civilian and military purposes | 445 |
Doubt as to status of objects | 448 |
Means and methods of warfare | 451 |
Definitions of means and methods of warfare | 452 |
Superfluous injury or unnecessary suffering | 453 |
Indiscriminate means or methods | 455 |
Cyber booby traps | 457 |
Starvation | 459 |
Belligerent reprisals | 460 |
Reprisals under Additional Protocol I | 463 |
Weapons review | 464 |
Conduct of attacks | 467 |
Clearly separated and distinct military objectives | 469 |
Proportionality | 470 |
Precautions | 476 |
Verification of targets | 478 |
Choice of means or methods | 479 |
Precautions as to proportionality | 481 |
Cancellation or suspension of attack | 483 |
Warnings | 484 |
Precautions against the effects of cyber attacks | 487 |
Perfidy and improper use | 491 |
Ruses | 495 |
Improper use of the protective indicators | 496 |
Improper use of United Nations emblem | 499 |
Improper use of neutral indicators | 503 |
Blockades and zones | 504 |
Maintenance and enforcement of blockades | 508 |
Effect of blockades on neutral activities | 509 |
Zones | 510 |
Certain persons objects and activities | 512 |
Section | 513 |
Medical computers computer networks and data | 515 |
Loss of protection and warnings | 517 |
Detained persons | 519 |
Protection of detained persons | 520 |
The natural environment | 537 |
Occupation | 543 |
Neutrality | 553 |
Other editions - View all
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations No preview available - 2017 |
Common terms and phrases
action aircraft AMW Manual applies armed attack armed forces Article breach Charter civilian objects coastal commentary accompanying Rule conduct cyber operations consular countermeasures Customary IHL Study customary international law cyber activities cyber attack cyber context cyber espionage cyber infrastructure cyber means damage DoD Manual effects engage in cyber example exercise Experts agreed Experts took Geneva Convention Group of Experts human rights law ICRC ICRC Customary IHL immunity individuals injured instance international armed conflict International Group international human rights International Law Commission international organisation internationally wrongful act jurisdiction jus ad bellum law of armed levée en masse malware military objective Nicaragua judgment non-international armed conflict non-State actors obligation outer space paras party peace prohibition protection qualify requirement Rome Statute Rule 94 Sea Convention Security Council self-defence sovereignty State’s State’s territory status submarine communication cables target took the position treaty UK Manual UN Charter United Nations Vienna Convention violation