The NATO Cooperative Cyber Defense Center of Excellence (CCD COE) released today a draft of the forthcoming Tallinn Manual on the International Law Applicable to Cyber Warfare.
The Tallinn Manual, 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 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. As such, the Tallinn Manual only focuses on the existing law and its interpretation in the cyber context – it does not propose or aim to contribute to the discussions on norms of behaviour, codes of conduct or confidence building measures.
The manual includes a critical definition:
A cyber attack is a cyber operation, whether offensive or defensive, that is reasonably expected to cause injury or death to persons or damage or destruction to objects.