Culmination of Law

Culmination of Law

From the Hague to Tallinn: Assessing the Standards Governing Cyber Operations in the Course of Military Occupation under Tallinn Manual 2.0

Document Type : Original Article

Authors
1 Associate Professor, Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabatabaie University, Tehran, Iran
2 Ph. D. Candidate in Public International Law, Faculty of Law, University of Qom, Qom, Iran
Abstract
This article tries to assess the standards governing cyber operations in the course of military occupation from the perspective of the aforementioned Manual. According to Tallinn Manual 2.0, cyber operations cannot alone suffice to establish or maintain the degree of authority over territory necessary to constitute an occupation. However, these operations can be employed to help establish or maintain the requisite authority to constitute occupation. Additionally, they may be employed to disrupt or degrade computer systems used by and Occupying Power to maintain authority over the occupied territory. Pursuant to the Manual, protected persons in occupied territory must be respected and protected from the harmful effects of cyber operations. Furthermore, the Occupying Power shall take all the measures in its power to restore and ensure public order and safety, while respecting the laws in force in the country, including the laws applicable to cyber activities. In addition, the Occupying Power may take measures necessary to ensure its general security, including the integrity and reliability of its own cyber systems. And finally, to the extent the law of occupation permits the confiscation or requisition of property, taking control of cyber infrastructure or systems is likewise permitted. It appears that the traditional rules governing law of military occupation stipulated in 1907 Hague Regulations as well as the Fourth Geneva Convention are applied during the conduct of cyber operations and on cyber activities and properties. In spite of its undeniable role in the effort to clarify international law on cyber operations, the Manual is faced with challenges and gaps such as non-binding nature, non-incorporation of all rules of military occupation and non-sufficient attention to requirements of cyberspace. It is expected that at least some of them would be taken into consideration in Tallinn Manual 3.0 which is managed to be published in 2026.
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A) Persian References in 
- Khalilzadeh, Mona (2014), International Responsibility of States for Cyber ​​Attacks, Tehran: MaEnglishjd.
- Dehghani, Maryam (2010), Military Occupation in International Law and Governing Legal Rules, Master's Thesis in International Law (Supervisor: Dr. Seyed Ali Hanjani), Tehran: Shahid Beheshti University.
- Zarneshan, Shahram, Karami, Mousa & Zandi, Reyhaneh (Summer 2023), A Traditional Concept in a Modern Platform: Application of Law of Neutrality on Cyber Operations in the Mirror of Tallinn Manual 2.0, Police International Studies, Vol. 14, No. 54.
- Zarneshan, Shahram, Zandi, Reyhaneh & Karami, Mousa (Fall 2023-Winter 2024), From the Blue of Sea to the Dark Web: Cyber Operations in Some Maritime Zones and International Straits in the Light of Tallinn Manual 2.0, Modern Technologies Law, Vol. 4, No. 8.
- Shakibnezhad, Ehsan (2017), Legislation in Cyberspace from the Perspective of International Law, Tehran: Shahr-e-Danesh.
- Ziaei Bigdeli, Mohammad Reza (2017), International Humanitarian Law, Fourth Edition, Tehran: Ganj-e-Danesh.
- Farshasaied, Parviz and Jalali, Mahmoud (Fall 2022-Winter 2023), The International Responsibility of States for Cyberattacks by Non-State Actors, Law of New Technologies, Volume 3, Issue 6.
- Kolb, Robert and Hyde, Richard (2015), An Introduction to the Law of Armed Conflict, Translated by Hesam Al-Din Lesani, Second Edition, Tehran: Majd.
- Givkey, Azar, Kafaiefar, Mohammad Ali and Rezaei, Mohammad Taghi (Spring 2018), Applicability of International Humanitarian Law Rules in Cyber Attacks by Looking at Tallinn Manual 2.0, Medical Law Journal, Volume 12, Issue 42.
- Givkey, Azar and Hakakzadeh, Mohammad Reza (Spring 2022), Foreign Intervention in the Internal Affairs of Governments through Cyber Operations According to Tallinn Manual 2.0, Legal Studies in Cyberspace, Volume 1, Issue 1.
- Lesani, Hesam Al-Din (2010), The Position of the Law of Military Occupation in International Humanitarian Law, PhD Thesis in International Law (Supervisor: Dr. Seyed Bagher Mir-Abassi), Tehran: University of Tehran.
- Mohaghegh Harcheqan, Alireza, Ardebili, Mohammad Ali, Beigzadeh, Ebrahim and Mahdavi Sabet, Mohammad Ali (Spring-Summer 2022), The Effectiveness of the 2017 Tallinn Manual on the Jurisdiction of the International Criminal Court in Establishing International Cyber ​​Peace and Security, Criminal Law Teachings, Volume 19, Issue 23.
- Moghaegh Harchaqan, Alireza, Ardebili, Mohammad Ali, Beigzadeh, Ebrahim and Mahdavi Sabet, Mohammad Ali (Fall 2023), International Cyber ​​Law and the Development of the Jurisdiction of the International Criminal Court (With Emphasis on the 2017 Tallinn Negotiations), Public Law Studies Quarterly, Volume 53, Issue 3.
- Henckaerts, Jean-Marie and Doswald-Beck, Luise (2008), Customary International Humanitarian Law, Volume I: Rules, translated by International Affairs Office of the Judiciary of the Islamic Republic of Iran and the International Committee of the Red Cross (Text edited by Katayoun Hosseinnejad and Pouria Askari), Tehran: Majd.