Document Type : Research Paper
Authors
1 Ph.D. Student in International Law, Tehran University, Tehran, Iran.
2 Prof., Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.
Abstract
Cyber diplomacy has now become an inseparable part of the daily daily lives of diplomats and consuls. However, the codified rules of diplomatic and consular law remain traditional and face significant challenges when applied to this new domain. For instance, what rules govern cyber operations in cyberspace under diplomatic and consular law? On the other hand, the lack of treaty-based documents and customary international law in the cyber realm is quite evident. However, the absence of specific rules does not imply that states can conduct cyber operations without restrictions. While existing customary and treaty-based laws do not explicitly address cyber operations, interpretative tools can extend these rules to cyber operations. In this context, the Tallinn Manual 2 is recognized as a significant effort toward regulating cyberspace. Chapter seven of the manual outlines, in six rules, considerations regarding cyber operations in diplomatic and consular law. Therefore, this study, using a descriptive-analytical method and library-based resources, seeks to examine the positions of the Tallinn Manual 2 about the existing rules and regulations in general international law and specific international law (diplomatic and consular law) concerning cyber operations.
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