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

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. This article concludes that the foundations for the suggested solutions are unsure and that, contrary to the Manual’s stated goal, it adds to the existing ambiguity rather than clarifies the law on cyber-attacks.

Keywords: Tallinn Manual, cyber-attacks, cyberwar, Article 2(4), use of force, Michael Schmitt