Mitigating Risks: Inter-State Due Diligence Obligations in Case of Harmful Cyber-Incidents and Malicious Cyber-Activity - Obligations of the Transit State

Markus Peter Beham (1) , A. Reinisch

1 CEDIN - Centre de droit international de Nanterre

Irrespective of the specific substantive area of regulation, the term ‘transit state’ invokes notions of space and duration. It refers to a territory – usually of a third state – that is crossed over for a certain length of time. This contribution looks specifically to the potential obligations of transit states with regard to events that take place in a very particular space and in effect usually only last for a split moment: harmful cyber-incidents. Concepts originally endemic to ‘ius in bello’ and neutrality as well as the rules on state responsibility have a role to play in determining the applicable rules and extent of obligations. The ambitious Tallinn Manual of 2013 provides a landmark set of rules providing for a framework that comprehensively deals with a number of the most pressing issues concerning cyberwarfare.

Mots clés: cyber-incidents; cyber-activities; cyberwarfare; Talinn Manual; neutrality; ius in bello; transit state; state responsibility; no-harm principle

Domaines: Droit

Markus Peter Beham, A. Reinisch. Mitigating Risks: Inter-State Due Diligence Obligations in Case of Harmful Cyber-Incidents and Malicious Cyber-Activity - Obligations of the Transit State. German Yearbook of International Law, 2015, 58, pp.101-112. ⟨hal-01782807⟩