CONTENTS
Tallinn Manual 2.0 International Group of Experts and Other PARTicipants = xii
Tallinn Manual 1.0 International Group of Experts and Other PARTicipants = xix
Foreword by Toomas Hendrik Ilves, President of the Republic of Estonia = xxiii
Foreword by Bert Koenders, Minister of Foreign Affairs of the Kingdom of the Netherlands = xxv
Short form citations = xxviii
Table of concordance = xxxviii
Introduction = 1
PART Ⅰ General international law and cyberspace = 9
1 Sovereignty = 11
Rule 1 ? Sovereignty (general principle) = 11
Rule 2 ? Internal sovereignty = 13
Rule 3 ? External sovereignty = 16
Rule 4 ? Violation of sovereignty = 17
Rule 5 ? Sovereign immunity and inviolability = 27
2 Due diligence = 30
Rule 6 ? Due diligence (general principle) = 30
Rule 7 ? Compliance with the due diligence principle = 43
3 Jurisdiction = 51
Rule 8 ? Jurisdiction (general principle) = 51
Rule 9 ? Territorial jurisdiction 55
Rule 10 ? Extraterritorial prescriptive jurisdiction = 60
Rule 11 ? Extraterritorial enforcement jurisdiction = 66
Rule 12 ? Immunity of States from the exercise of jurisdiction = 71
Rule 13 ? International cooperation in law enforcement = 75
4 Law of international responsibility = 79
Section 1 : Internationally wrongful acts by a State = 79
Rule 14 ? Internationally wrongful cyber acts = 84
Rule 15 ? Attribution of cyber operations by State organs = 87
Rule 16 ? Attribution of cyber operations by organs of other States = 93
Rule 17 ? Attribution of cyber operations by non-State actors = 94
Rule 18 ? Responsibility in connection with cyber operations by other States = 100
Rule 19 ? Circumstances precluding wrongfulness of cyber operations = 104
Section 2 : State countermeasures and necessity = 111
Rule 20 ? Countermeasures (general principle) = 111
Rule 21 ? Purpose of countermeasures = 116
Rule 22 ? Limitations on countermeasures = 122
Rule 23 ? Proportionality of countermeasures = 127
Rule 24 ? States entitled to take countermeasures = 130
Rule 25 ? Effect of countermeasures on third PARTies = 133
Rule 26 ? Necessity = 135
Section 3 : Obligations of States for internationally wrongful acts = 142
Rule 27 ? Cessation, assurances, and guarantees = 142
Rule 28 ? Reparation (general principle) = 144
Rule 29 ? Forms of reparation = 148
Rule 30 ? Breach of obligations owed to the international community as a whole = 152
Section 4 : Responsibility of international organisations = 153
Rule 31 ? General principle = 157
5 Cyber operations not per se regulated by international law = 168
Rule 32 ? Peacetime cyber espionage = 168
Rule 33 ? Non-State actors = 174
PART Ⅱ Specialised regimes of international law and cyberspace = 177
6 International human rights law = 179
Rule 34 ? Applicability = 182
Rule 35 ? Rights enjoyed by individuals = 187
Rule 36 ? Obligations to respect and protect international human rights = 196
Rule 37 ? Limitations = 201
Rule 38 ? Derogation = 207
7 Diplomatic and consular law = 209
Rule 39 ? Inviolability of premises in which cyber infrastructure is located = 212
Rule 40 ? Duty to protect cyber infrastructure = 217
Rule 41 ? Inviolability electronic archives, documents, and correspondence = 219
Rule 42 ? Free communication = 225
Rule 43 ? Use of premises and activities of officials = 227
Rule 44 ? Privileges and immunities of diplomatic agents and consular officers = 230
8 Law of the sea = 232
Rule 45 ? Cyber operations on the high seas = 233
Rule 46 ? The right of visit and cyber operations = 235
Rule 47 ? Cyber operations in the exclusive economic zone = 239
Rule 48 ? Cyber operations in the territorial sea = 241
Rule 49 ? Cyber operations in the territorial sea during armed conflict = 245
Rule 50 ? Exercise of jurisdiction in relation to foreign vessels in the territorial sea = 246
Rule 51 ? Cyber operations in the contiguous zone = 248
Rule 52 ? Cyber operations in international straits = 249
Rule 53 ? Cyber operations in archipelagic waters = 251
Rule 54 ? Submarine communication cables = 252
9 Air law = 259
Rule 55 ? Control of aircraft conducting cyber operations in national airspace = 261
Rule 56 ? Cyber operations in international airspace = 265
Rule 57 ? Cyber operations jeopardising the safety of international civil aviation = 268
10 Space law = 270
Rule 58 ? Peaceful purposes and uses of force = 273
Rule 59 ? Respect for space activities = 277
Rule 60 ? Supervision, responsibility, and liability = 279
11 International telecommunication law = 284
Rule 61 ? Duty to establish, maintain, and safeguard international telecommunication infrastructure = 288
Rule 62 ? Suspension or stoppage of cyber communications = 291
Rule 63 ? Harmful interference = 294
Rule 64 ? Exemption of military radio installations = 298
PART Ⅲ International peace and security and cyber activities = 301
12 Peaceful settlement = 303
Rule 65 ? Peaceful settlement of disputes = 303
13 Prohibition of intervention = 312
Rule 66 ? Intervention by States = 312
Rule 67 ? Intervention by the United Nations = 325
14 The use of force = 328
Section 1 : Prohibition of the use of force = 329
Rule 68 ? Prohibition of threat or use of force = 329
Rule 69 ? Definition of use of force = 330
Rule 70 ? Definition of threat of force = 338
Section 2 : Self-defence = 339
Rule 71 ? Self-defence against armed attack = 339
Rule 72 ? Necessity and proportionality = 348
Rule 73 ? Imminence and immediacy = 350
Rule 74 ? Collective self-defence = 354
Rule 75 ? Reporting measures of self-defence = 355
15 Collective security = 357
Rule 76 ? United Nations Security Council = 357
Rule 77 ? Regional organisations = 360
Rule 78 ? Peace operations = 361
Rule 79 ? Peace operations personnel, installations, materiel, units, and vehicles = 368
PART Ⅳ The law of cyber armed conflict = 373
16 The law of armed conflict generally = 375
Rule 80 ? Applicability of the law of armed conflict = 375
Rule 81 ? Geographical limitations = 378
Rule 82 ? Characterisation as international armed conflict = 379
Rule 83 ? Characterisation as non-international armed conflict = 385
Rule 84 ? Individual criminal responsibility for war crimes = 391
Rule 85 ? Criminal responsibility of commanders and superiors = 396
17 Conduct of hostilities = 401
Section 1 : PARTicipation in armed conflict = 401
Rule 86 ? PARTicipation generally = 401
Rule 87 ? Members of the armed forces = 402
Rule 88 ? Levee en masse = 408
Rule 89 ? Spies = 409
Rule 90 ? Mercenaries = 412
Rule 91 ? Civilians = 413
Section 2 : Attacks generally = 414
Rule 92 ? Definition of cyber attack = 415
Rule 93 ? Distinction = 420
Section 3 : Attacks against persons = 422
Rule 94 ? Prohibition of attacking civilians = 422
Rule 95 ? Doubt as to status of persons = 424
Rule 96 ? Persons as lawful objects of attack = 425
Rule 97 ? Civilian direct participants in hostilities = 428
Rule 98 ? Terror attacks = 433
Section 4 : Attacks against objects = 434
Rule 99 ? Prohibition of attacking civilian objects = 434
Rule 100 ? Civilian objects and military objectives = 435
Rule 101 ? Objects used for civilian and military purposes = 445
Rule 102 ? Doubt as to status of objects = 448
Section 5 : Means and methods of warfare = 451
Rule 103 ? Definitions of means and methods of warfare = 452
Rule 104 ? Superfluous injury or unnecessary suffering = 453
Rule 105 ? Indiscriminate means or methods = 455
Rule 106 ? Cyber booby traps = 457
Rule 107 ? Starvation = 459
Rule 108 ? Belligerent reprisals = 460
Rule 109 ? Reprisals under Additional Protocol I = 463
Rule 110 ? Weapons review = 464
Section 6 : Conduct of attacks = 467
Rule 111 ? Indiscriminate attacks = 467
Rule 112 ? Clearly separated and distinct military objectives = 469
Rule 113 ? Proportionality = 470
Section 7 : Precautions = 476
Rule 114 ? Constant care = 476
Rule 115 ? Verification of targets = 478
Rule 116 ? Choice of means or methods = 479
Rule 117 ? Precautions as to proportionality = 481
Rule 118 ? Choice of targets = 481
Rule 119 ? Cancellation or suspension of attack = 483
Rule 120 ? Warnings = 484
Rule 121 ? Precautions against the effects of cyber attacks = 487
Section 8 : Perfidy and improper use = 491
Rule 122 ? Perfidy = 491
Rule 123 ? Ruses = 495
Rule 124 ? Improper use of the protective indicators = 496
Rule 125 ? Improper use of United Nations emblem = 499
Rule 126 ? Improper use of enemy indicators = 499
Rule 127 ? Improper use of neutral indicators = 503
Section 9 : Blockades and zones = 504
Rule 128 ? Maintenance and enforcement of blockades = 508
Rule 129 ? Effect of blockades on neutral activities = 509
Rule 130 ? Zones = 510
18 Certain persons, objects, and activities = 512
Section 1 : Medical and religious personnel and medical units, transports, and material = 513
Rule 131 ? Medical and religious personnel, medical units and transports = 513
Rule 132 ? Medical computers, computer networks, and data = 515
Rule 133 ? Identification = 515
Rule 134 ? Loss of protection and warnings = 517
Section 2 : Detained persons = 519
Rule 135 ? Protection of detained persons = 520
Rule 136 ? Correspondence of detained persons = 522
Rule 137 ? Compelled PARTicipation in military activities = 523
Section 3 : Children = 524
Rule 138 ? Protection of children = 524
Section 4 : Journalists = 526
Rule 139 ? Protection of journalists = 526
Section 5 : Installations containing dangerous forces = 529
Rule 140 ? Duty of care during attacks on dams, dykes, and nuclear electrical generating stations = 529
Section 6 : Objects indispensable to the survival of the civilian population = 531
Rule 141 ? Protection of objects indispensable to survival = 531
Section 7 : Cultural property = 534
Rule 142 ? Respect for and protection of cultural property = 534
Section 8 : The natural environment = 537
Rule 143 ? Protection of the natural environment = 537
Section 9 : Collective punishment = 539
Rule 144 ? Collective punishment = 539
Section 10 : Humanitarian assistance = 540
Rule 145 ? Humanitarian assistance = 540
19 Occupation = 543
Rule 146 ? Respect for protected persons in occupied territory = 544
Rule 147 ? Public order and safety in occupied territory = 546
Rule 148 ? Security of the Occupying Power = 548
Rule 149 ? Confiscation and requisition of property = 549
20 Neutrality = 553
Rule 150 ? Protection of neutral cyber infrastructure = 555
Rule 151 ? Cyber operations in neutral territory = 556
Rule 152 ? Neutral obligations = 558
Rule 153 ? Response by PARTies to the conflict to violations = 560
Rule 154 ? Neutrality and Security Council actions = 562
Glossary = 563
Index = 569