Crucial guidance to empower countries to develop or review their position on international law and cyber activities has been unveiled.
The Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States was presented at the 17th International Conference on Cyber Conflict in Tallinn.
It is the result of a one-year collaborative project led by the University of Exeter, the NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE), the Ministry of Foreign Affairs of Estonia, and the Ministry of Foreign Affairs of Japan. The initiative was funded by a £75,000 grant through the UK Economic and Social Research Council's Impact Accelerator Account.
The 176-page Handbook provides concrete and accessible guidance, primarily for government lawyers and policy officials, but it will also benefit academics and experts working in this rapidly evolving field. It includes a concise two-page checklist that outlines key steps and best practices for busy officials.
Professor Kubo Mačák, the project's lead and one of the Handbook's co-authors, said: "International law applies to cyber activities, but how? This is the question that many government lawyers are grappling with today. We have written this Handbook to help them answer that question in a coherent and consistent manner, all the while reflecting their national interests and legal priorities. We hope it will serve as both a practical guide and a source of inspiration for states developing their own legal approaches in this complex and fast-evolving area."
Over the course of the project, the team held three regional roundtables in Washington D.C., Singapore, and Addis Ababa, which brought together 77 officials from 46 states. These closed-door consultations enabled the team to draw on a wide range of perspectives, including from countries in the Global South.
The Handbook builds on the University of Exeter's significant prior work on international cyber law, including its role in leading the award-winning Cyber Law Toolkit project.
Dr Ágnes Kasper, Head of Law Branch at CCDCOE, who was a co-investigator on the project and a co-author of the Handbook, said: "Many states now offer their positions and clarifications about the legal boundaries of cyber activities. These national positions are meticulously crafted since they have real-life impact. Those states which already have issued such documents are well aware of the complexity of this undertaking, including a host of challenges, such as defining the aims, putting it on the agenda, planning and coordinating the process, finding capacity building opportunities, and of course negotiating the content and deciding on a suitable format. This Handbook is designed to be a practical resource, offering a structured approach to developing or revising national positions."
The Handbook underscores the importance of national positions - official statements setting out a state's views on the application of international law to cyber activities - as a tool to clarify the law, foster accountability, and build confidence. It explores why and how such positions are developed, what they typically cover, and how they can be presented effectively. It also addresses the legal significance of national positions, including their role in the development of customary international law and treaty interpretation.
The project was developed in close coordination with regional and global partners, including the African Union, the Organization of American States, the Foreign Office of the Federal Republic of Germany, and the Centre for International Law at the National University of Singapore.
The launch of the Handbook marks a milestone in international efforts to promote an open, secure, stable, accessible, and peaceful ICT environment.
Mr Tanel Sepp, Ambassador at Large for Cyber Diplomacy at the Ministry of Foreign Affairs of Estonia, said: "This Handbook is a valuable step forward in helping states develop national positions on the interpretation of international law in cyberspace. In an increasingly complex and contested digital environment, accessible and practical guidance is essential for ensuring responsible State behaviour in cyberspace. It is also a great example of practical cooperation between government practitioners and international law experts."
Dr Kazuhiko Nakamura, Director General at the Ministry of Foreign Affairs of Japan, said: "We are pleased to see the publication of this Handbook developed in collaboration with us. Japan believes the announcement of national positions by many states will contribute to deepen shared international understanding on how international law applies to cyber operations. We hope this Handbook will serve as a useful tool to states that are considering publishing their national positions."
