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6 - Neutrality and Cyber Warfare

Published online by Cambridge University Press:  24 February 2022

Constantine Antonopoulos
Affiliation:
Democritus University of Thrace
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Summary

Cyberspace may constitute either the exclusive area of operations or a means of conduct of hostilities in an otherwise conventional armed conflict. The basic text concerning the rules applicable in cyber warfare is the Tallinn Manual 2.0, a 'soft law' text that is not generally followed by the few States that include cyber warfare in their military manuals. However, the relevance and applicability of the law of neutrality in cyber conflict is not disputed. The proposed legal framework is in principle premised on the Hague Conventions V and XIII, though the particularities of cyberspace as a domain have admitted substantive deviations with respect to inviolability of neutral territory and neutral due diligence.

Type
Chapter
Information
Non-Participation in Armed Conflict
Continuity and Modern Challenges to the Law of Neutrality
, pp. 201 - 219
Publisher: Cambridge University Press
Print publication year: 2022

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