Debugging the Tallinn Manual 2.0's Application of the Due Diligence Principle to Cyber Operations

Authors

Colin Patrick

Abstract

As global cyber connectivity increases, so does opportunities for large-scale nefarious cyber operations. These novel circumstances have necessitated the application of old-world customs to an increasingly complex world. To meet this challenge, the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations was created. The Manual provides 154 black letter rules detailing how international law applies to cyber operations during peacetime. Of particular import is the Manual’s interpretation of the due diligence principle. This principle, which defines the contours of a state’s obligation to prevent their territory to inflict extraterritorial harm, is increasingly significant in light of the above-mentioned increase in global network connectivity. It is with regards to this principal where the Manual’s application is flawed. However, because of the principle’s inherent flexibility, and the unique nature of the cyber risks, there are patches that are consistent with international law and would better serve global peace and security.

First Page

581

Recommended Citation

Colin Patrick, Comment, Debugging the Tallinn Manual 2.0's Application of the Due Diligence Principle to Cyber Operations, 28 Wash. Int’l L.J. 581 (2019).
Available at: https://digitalcommons.law.uw.edu/wilj/vol28/iss2/11