'Restating the Law "As It Is"': On the Tallinn Manual and the Use of Force in Cyberspace

Lianne Boer

Abstract


The recently published ‘Tallinn Manual on the International Law Applicable to Cyber Warfare’ arguably constitutes the concluding piece of a debate on the (in)applicability of the prohibition on the use of force in cyberspace. It acknowledges a framework developed by Michael Schmitt, who suggested the use of particular criteria to assess whether force has been used. The Manual portrays the criteria as ‘not formal legal criteria’ yet closer analysis renders an ambiguous picture of this framework and its relation to the Manual. Ultimately, this article reconsiders the debate on the (in)applicability of Article 2(4) to cyberattacks.


Keywords


Tallinn Manual, use of force, Article 2(4), cyberwar, cyberattacks, Michael Schmitt

Full Text:

PDF




Copyright (c) 2013 Lianne Boer

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Amsterdam Law Forum - ISSN 1876-8156 - is an open access initiative supported by the VU University Library.