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.
Late 2009: Scoping of Project
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
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