Humanitet i cyberkrigföring. En undersökning av om Tallinnmanualens 2.0 tolkning av distinktionsprincipen i cyberkrigföring är koherent med principen om humanitet.

Sammanfattning: The aim of the essay is to examine the interpretation in the Tallinn Manual 2.0 on how the international humanitarian law (IHL) should be applied on cyber warfare. The examination consist of the principle of distinction and the distinction between civilians and combatants. Further, the essay will introduce different possible suggestions on development proposed and discussed in doctrine and by international organizations. Finally, the essay will analyze the interpretation of the law as well as the discussed suggestions for development based on their coherence with the principle of humanity. The essay uses the legal dogmatic method to answer the aim of the paper. The law relevant to the essay lacks both research and case law. Therefore, the essay is based on the interpretation of the application of IHL on cyber warfare done in the Tallinn Manual 2.0. The essay comes to the following conclusion. The interpretation in the Tallinn Manual 2.0 is not sufficient to make the applicability of IHL on cyber warfare coherent with the principle of humanity. The regulation on both the principle of distinction and how the distinction between civilians and combatants are difficult to apply on cyber warfare. Certification of networks and new criteria for cyber combatants are both good suggestions of improvement to make the law coherent with the principle of humanity by making the distinction between civilians and combatants easier. However, it is difficult to make these changes. Stigmatization of cyber warfare is therefore a good suggestion to begin with, considering the possibility of it leading to further legal development. Today there is still a risk for civilians to suffer from cyberattacks, even though there is a prohibition against it. There is consequently a demand for further international law to ensure that the purpose of IHL, the principle of humanity, is fulfilled even in cyber warfare.