4 Aug 2012

MILCW - Manual on International Law Applicable to Cyber Warfare

Cyber incidents of the past years as well as the continuous speculation around potential future cyber catastrophes and cyber wars have repeatedly emphasized the need for a revised interpretation of existing law, be it national security law, criminal law, or as in this case, international law. Jus ad bellum (international law governing the use of force) and jus in bello (international humanitarian law) were not developed, having regard to contemporary security threats, including advanced cyber capabilities. Therefore, it is evident that a great need exists for a professional interpretation of the conventions and treaties of the previous centuries in order to demonstrate if and how they can be applied to the modern cyber conflict.
The objective
of this Manual is to develop authoritative reference on the international law applicable to cyber conflict. The Manual is meant to address all legal issues deriving from the jus ad bellum and the jus in bello. In addition, it examines related issues such as sovereignty, state responsibility and neutrality. 



Target Audience

The prospective users of this Manual are government legal advisers to Ministries of Defence, Foreign Affairs, Interior and Justice; legal advisers to military forces and intelligence agencies; academics and graduate students in law, government and security studies; general counsel for defence industry; think tanks; consultancies; and law firms. The Manual is designed to be accessible to lawyers with a basic knowledge of international law. Participation in the drafting process by technical experts will ensure both technical accuracy and relevance of the legal analysis.

Format

In line with related publications (1995 San Remo Manual on International Law Applicable to Armed Conflicts at Sea; 2010 HPCR Manual on International Law Applicable to Air and Missile Warfare), the product is divided into “black letter rules” and accompanying “commentary” for each rule. The former are meant to reflect group consensus among the independent scholars and practitioners as to the applicable international law governing cyber warfare. The commentary serves multiple purposes. Most importantly, it describes the legal basis upon which the group of experts derived the rules. It also sets forth and analyzes competing positions on specific issues of relevance to the conduct of cyber operations. Finally, the commentary places the rules in the particular context of cyber operations by drawing both on technical input and real-world examples.

 Timeline

Late 2009: Scoping of Project
2010: Black Letter Law and 1st Draft of Commentary
2011: Finalizing Black Letter Law and Completing Draft Commentary
Spring 2013: Publication by Cambridge University Press

Contents (summary)


Rights and Obligations of States Regarding Cyber Infrastructure and Cyberspace- Sovereignty
- Jurisdiction
- State Responsibility
Jus ad Bellum- Use of Force
- Security Council Action
- Self-defence
Jus in Bello- Characterization of Conflict
- Categories of Persons
- Conduct of Hostilities
- Specially Protected Persons and Objects
- Deception, Espionage
- Occupation
- Humanitarian Assistance
- Command Responsibility
Neutrality, Blockade and Zones