Now A Handbook on Laws of Cyber Warfare by NATO

A handbook by Nato's Co-operative Cyber Defence Centre of Excellence (CCDCOE), located in Tallinn, Estonia is released. The centre was established in 2008 after Estonia suffered massive cyber attacks which wreaked havoc on the country's network infrastructure.

The guidelines include a provision for states to respond with conventional force if cyber attacks by another state resulted in death or significant damage to property. It also states that hackers who take part in online attacks during a war can be legitimate targets even though they are technically civilians and not soldiers.

Some rules that cover conventional warfare such as the Geneva Convention have been adapted to the internet. For example, attacks on certain key civilian sites are outlawed.

In order to avoid the release of dangerous forces and consequent severe losses among the civilian population, particular care must be taken during cyber attacks against works and installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, as well as installations located in their vicinity. Hospitals and medical units are also to be protected.

Another interesting point is that launching an attack from a neutral country's computer network is forbidden in much the same way that conventional armies aren't allowed to march through a neutral country's territory to attack another country.

The handbook, which is published by Cambridge University Press, is neither an official Nato document nor is it Nato policy. It is merely an advisory manual. Nevertheless, it is a landmark development as it represents the first-ever attempt to codify how international law applies to online attacks. 

You can read it at www.ccdcoe.org/249.html

prashant.mali@cyberlawconsulting.com