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Tallinn Manual on the International Law Applicable to Cyber Warfare

Book Description

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.

Table of Contents

  1. Coverpage
  2. Tallinn Manual on the International Law Applicable to Cyber Warfare
  3. Title page
  4. Copyright page
  5. Contents
  6. The International Group of Experts and Participants
  7. Short form citations
  8. Introduction
  9. Part I International cyber security law
    1. 1 States and cyberspace
      1. Section 1: Sovereignty, jurisdiction, and control
        1. Rule 1 – Sovereignty
        2. Rule 2 – Jurisdiction
        3. Rule 3 – Jurisdiction of flag States and States of registration
        4. Rule 4 – Sovereign immunity and inviolability
        5. Rule 5 – Control of cyber infrastructure
      2. Section 2: State responsibility
        1. Rule 6 – Legal responsibility of States
        2. Rule 7 – Cyber operations launched from governmental cyber infrastructure
        3. Rule 8 – Cyber operations routed through a State
        4. Rule 9 – Countermeasures
    2. 2 The use of force
      1. Section 1: Prohibition of the use of force
        1. Rule 10 – Prohibition of threat or use of force
        2. Rule 11 – Definition of use of force
        3. Rule 12 – Definition of threat of force
      2. Section 2: Self-defence
        1. Rule 13 – Self-defence against armed attack
        2. Rule 14 – Necessity and proportionality
        3. Rule 15 – Imminence and immediacy
        4. Rule 16 – Collective self-defence
        5. Rule 17 – Reporting measures of self-defence
      3. Section 3: Actions of international governmental organizations
        1. Rule 18 – United Nations Security Council
        2. Rule 19 – Regional organizations
  10. Part II The law of cyber armed conflict
    1. 3 The law of armed conflict generally
      1. Rule 20 – Applicability of the law of armed conflict
      2. Rule 21 – Geographical limitations
      3. Rule 22 – Characterization as international armed conflict
      4. Rule 23 – Characterization as non-international armed conflict
      5. Rule 24 – Criminal responsibility of commanders and superiors
    2. 4 Conduct of hostilities
      1. Section 1: Participation in armed conflict
        1. Rule 25 – Participation generally
        2. Rule 26 – Members of the armed forces
        3. Rule 27 – Levée en masse
        4. Rule 28 – Mercenaries
        5. Rule 29 – Civilians
      2. Section 2: Attacks generally
        1. Rule 30 – Definition of cyber attack
        2. Rule 31 – Distinction
      3. Section 3: Attacks against persons
        1. Rule 32 – Prohibition on attacking civilians
        2. Rule 33 – Doubt as to status of persons
        3. Rule 34 – Persons as lawful objects of attack
        4. Rule 35 – Civilian direct participants in hostilities
        5. Rule 36 – Terror attacks
      4. Section 4: Attacks against objects
        1. Rule 37 – Prohibition on attacking civilian objects
        2. Rule 38 – Civilian objects and military objectives
        3. Rule 39 – Objects used for civilian and military purposes
        4. Rule 40 – Doubt as to status of objects
      5. Section 5: Means and methods of warfare
        1. Rule 41 – Definitions of means and methods of warfare
        2. Rule 42 – Superfluous injury or unnecessary suffering
        3. Rule 43 – Indiscriminate means or methods
        4. Rule 44 – Cyber booby traps
        5. Rule 45 – Starvation
        6. Rule 46 – Belligerent reprisals
        7. Rule 47 – Reprisals under Additional Protocol I
        8. Rule 48 – Weapons review
      6. Section 6: Conduct of attacks
        1. Rule 49 – Indiscriminate attacks
        2. Rule 50 – Clearly separated and distinct military objectives
        3. Rule 51 – Proportionality
      7. Section 7: Precautions
        1. Rule 52 – Constant care
        2. Rule 53 – Verification of targets
        3. Rule 54 – Choice of means or methods
        4. Rule 55 – Precautions as to proportionality
        5. Rule 56 – Choice of targets
        6. Rule 57 – Cancellation or suspension of attack
        7. Rule 58 – Warnings
        8. Rule 59 – Precautions against the effects of cyber attacks
      8. Section 8: Perfidy, improper use, and espionage
        1. Rule 60 – Perfidy
        2. Rule 61 – Ruses
        3. Rule 62 – Improper use of the protective indicators
        4. Rule 63 – Improper use of United Nations emblem
        5. Rule 64 – Improper use of enemy indicators
        6. Rule 65 – Improper use of neutral indicators
        7. Rule 66 – Cyber espionage
      9. Section 9: Blockade and zones
        1. Rule 67 – Maintenance and enforcement of blockade
        2. Rule 68 – Effect of blockade on neutral activities
        3. Rule 69 – Zones
    3. 5 Certain persons, objects, and activities
      1. Section 1: Medical and religious personnel and medical units, transports, and material
        1. Rule 70 – Medical and religious personnel, medical units and transports
        2. Rule 71 – Medical computers, computer networks, and data
        3. Rule 72 – Identification
        4. Rule 73 – Loss of protection and warnings
      2. Section 2: United Nations personnel, installations, materiel, units, and vehicles
        1. Rule 74 – United Nations personnel, installations, materiel, units, and vehicles
      3. Section 3: Detained persons
        1. Rule 75 – Protection of detained persons
        2. Rule 76 – Correspondence of detained persons
        3. Rule 77 – Compelled participation in military activities
      4. Section 4: Children
        1. Rule 78 – Protection of children
      5. Section 5: Journalists
        1. Rule 79 – Protection of journalists
      6. Section 6: Installations containing dangerous forces
        1. Rule 80 – Duty of care during attacks on dams, dykes, and nuclear electrical generating stations
      7. Section 7: Objects indispensable to the survival of the civilian population
        1. Rule 81 – Protections of objects indispensable to survival
      8. Section 8: Cultural property
        1. Rule 82 – Respect and protection of cultural property
      9. Section 9: The natural environment
        1. Rule 83 – Protection of the natural environment
      10. Section 10: Diplomatic archives and communications
        1. Rule 84 – Protection of diplomatic archives and communications
      11. Section 11: Collective punishment
        1. Rule 85 – Collective punishment
      12. Section 12: Humanitarian assistance
        1. Rule 86 – Humanitarian assistance
    4. 6 Occupation
      1. Rule 87 – Respect for protected persons in occupied territory
      2. Rule 88 – Public order and safety in occupied territory
      3. Rule 89 – Security of the Occupying Power
      4. Rule 90 – Confiscation and requisition of property
    5. 7 Neutrality
      1. Rule 91 – Protection of neutral cyber infrastructure
      2. Rule 92 – Cyber operations in neutral territory
      3. Rule 93 – Neutral obligations
      4. Rule 94 – Response by parties to the conflict to violations
      5. Rule 95 – Neutrality and Security Council actions
  11. Glossary
  12. Index