Tallinn manual on the international law applicable to cyber warfare : prepared by the International Group of Experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence / general editor Michael N. Schmitt.
2013
KZ6718 .T35 2013 (Map It)
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Title
Tallinn manual on the international law applicable to cyber warfare : prepared by the International Group of Experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence / general editor Michael N. Schmitt.
Published
Cambridge ; New York : Cambridge University Press, 2013.
Call Number
KZ6718 .T35 2013
ISBN
9781107024434 (hardback)
1107024439 (hardback)
9781107613775 (paperback)
1107613779 (paperback)
1107024439 (hardback)
9781107613775 (paperback)
1107613779 (paperback)
Description
xix, 282 pages ; 24 cm
System Control No.
(OCoLC)814389777
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Rouse Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Rouse Fund
Table of Contents
The International Group of Experts and Participants
x
Short form citations
xiv
Introduction
1
pt. 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
pt. 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
Levee 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