[governance] "The Tallinn Manual on the International Law Applicable to Cyber Warfare"

[Suresh Ramasubramanian]

I read through it all.  As voluntary codes of practice go, it is ideal - and very well done indeed.

The problem of course is that there are two or three flies in the ointment here.

1. Countries which make a deliberate policy decision to use non state actors as a plausibly deniable instrument of state policy to target civilian and military offshore targets alike, are likely to continue doing so, non binding code of practice or not, UN treaty or not.

2. The manual makes it abundantly clear that civilian facilities are not to be targeted in any such "cyber warfare" and includes nuclear power stations.  The issue is where these become "dual use" or are claimed to be dual use, used to enrich weapons grade uranium rather than simply generate power.  My reading of the manual makes this still remain a gray area for any attacks using malware.

--srs (iPad)

On 20-Mar-2013, at 15:01, Philipp Mirtl <Philipp.Mirtl at oiip.ac.at> wrote:

> Dear list members,
>  
> For those of you who are particularly interested in the ongoing debate on the international law applicable to cyber warfare, please find attached both the link to, as well as the abstract of the recently published Tallinn Manual which is issued by Cambridge University Press and accessible online:
>  
> http://www.ccdcoe.org/249.html
>  
> „The Tallinn Manual on the International Law Applicable to Cyber Warfare, written at the invitation of the Centre by an independent ‘International Group of Experts’, is the result of a three-year effort to examine how extant international law norms apply to this ‘new’ form of warfare. The Tallinn Manual pays particular attention to the jus ad bellum, the international law governing the resort to force by States as an instrument of their national policy, and the jus in bello, the international law regulating the conduct of armed conflict (also labelled the law of war, the law of armed conflict, or international humanitarian law).  Related bodies of international law, such as the law of State responsibility and the law of the sea, are dealt within the context of these topics.
>  
> The Tallinn Manual is not an official document, but instead an expression of opinions of a group of independent experts acting solely in their personal capacity.  It does not represent the views of the Centre, our Sponsoring Nations, or NATO.  It is also not meant to reflect NATO doctrine.  Nor does it reflect the position of any organization or State represented by observers.“
>  
> Warm regards,
>  
> Philipp
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