A comprehensive new resource designed to equip nations with the tools to develop or reassess their positions on the intersection of international law and cyber operations has been unveiled, signaling a critical advancement in global cyber governance. This Handbook, titled Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States, made its debut at the 17th International Conference on Cyber Conflict held in Tallinn, a city noted for its pivotal role in cybersecurity discourse. The publication addresses one of the most complex and rapidly evolving areas in international relations—how established legal frameworks apply to activities within cyberspace.
The need for such a guide is informed by the inherent challenges governments face today as they attempt to navigate the intricate relationship between sovereign rights, international legal obligations, and emerging cyber threats. Cyber operations, ranging from espionage to the use of force in digital domains, require states to articulate clear stances regarding how existing international law principles such as sovereignty, non-intervention, and the prohibition of the use of force extend into the cyber realm. This newly published handbook offers a structured methodology designed to aid government lawyers, policy officials, and experts in formulating coherent national policies that align legal interpretations with national interests and priorities.
The development of this 176-page guide emerged from a collaborative, year-long endeavor among top-tier institutions: the University of Exeter, the NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE), coupled with the Ministries of Foreign Affairs of Estonia and Japan. Supported by a £75,000 grant from the UK Economic and Social Research Council’s Impact Accelerator Account, the project encapsulates a multidisciplinary effort bridging legal scholarship, policy analysis, and international diplomacy. This collaboration reflects a shared commitment to fostering an open, secure, and peaceful information and communication technology (ICT) environment, emphasizing the essential role of clearly articulated national positions on cyber law.
Integral to the handbook is the inclusion of a concise two-page checklist—meticulously curated to streamline the workflow of governmental actors managing the arduous task of crafting national stances in a domain characterized by rapid technological change and geopolitical volatility. This tool encapsulates critical procedural steps and best practices, ensuring that officials can efficiently address the multifaceted challenges involved. The checklist facilitates navigating internal coordination, defining objectives, stakeholder engagement, and external communication strategies, essential components for states seeking to assert responsible conduct and legal clarity in cyberspace.
The handbook also highlights the broader strategic significance of national positions in international cyber law. These official statements are not merely rhetorical; they function as vital instruments for clarifying legal norms, enhancing state accountability, and building mutual confidence among states engaging in the cyber domain. Significantly, well-articulated national positions contribute to the gradual development of customary international law by crystallizing state praxis, thereby shaping interpretations of existing treaties and informing multilateral cyber diplomacy.
In order to capture diverse perspectives and foster inclusivity, the development process incorporated rigorous consultations through three regional roundtables conducted in Washington D.C., Singapore, and Addis Ababa. These closed-door sessions convened 77 officials from 46 states, ensuring representation from a spectrum of geopolitical and developmental contexts, with particular attention to voices from the Global South. This deliberate inclusivity underscores the project’s objective to bridge the knowledge gap between developed and developing nations regarding the application of international law in cyberspace.
Building upon the University of Exeter’s renowned expertise in international cyber law, the handbook complements earlier work such as the acclaimed Cyber Law Toolkit—a resource that has already garnered significant recognition for its innovative approach to elucidating legal norms. This institutional continuity adds depth and credibility to the handbook, incorporating lessons learned and applying them to the practical imperatives faced by states today. The synthesis of academic rigor and policy relevance makes this resource a crucial reference point for a broad audience engaged in cyber legal governance.
The technical challenges of interpreting international law in cyberspace are daunting. Traditional legal concepts, primarily conceptualized for physical domains, are now being tested against the intangibility and borderless nature of digital operations. This handbook delves into these technical complexities by elucidating how principles such as attribution, due diligence, and state responsibility can be consistently applied to cyber incidents, thereby mitigating legal ambiguities. By providing states with a roadmap, the resource helps reproduce coherence in legal interpretations while allowing flexibility for national priorities, which vary significantly across jurisdictions.
Furthermore, the Handbook tackles the delicate issue of internal government coordination crucial to developing national positions. Cyber-related policymaking typically intersects multiple agencies, including defense, foreign affairs, intelligence, and law enforcement. Effective coordination is fundamental to crafting a unified government stance. By addressing capacity building, agenda setting, negotiation, and decision-making formats, the handbook offers practical solutions that can mitigate bureaucratic obstacles and promote cross-agency synergy—elements vital for responding effectively to evolving cyber threats.
The publication also scrutinizes the dynamics of public diplomacy and transparency in cyber law. While many national positions remain confidential or selectively disclosed, increasing calls for openness aim to promote accountability and foster a freer exchange of legal interpretations. The handbook discusses how states can balance the benefits of transparency with the operational risks posed by disclosing sensitive legal interpretations, proposing strategic approaches to publicizing national positions to maximize positive impact within the international community.
This resource is timely given the escalating prevalence of state-sponsored cyber operations and the growing recognition that cyberspace is a contested domain with potential for conflict escalation. Ambassador Tanel Sepp of Estonia, a pivotal figure in cyber diplomacy, emphasized that accessible and practical guidance is indispensable in promoting responsible state behavior amidst complex cyber confrontations. Practical cooperation between government practitioners and legal experts, as demonstrated in the handbook’s development, reflects a model for future international law codification efforts in cyberspace.
Dr. Kazuhiko Nakamura of Japan’s Ministry of Foreign Affairs echoed this sentiment by underlining the importance of shared understanding and clarification on how international law governs cyber operations. As states increasingly announce formal legal positions, a common framework for interpretation aids in reducing misunderstandings and lays groundwork for consistent responses to cyber incidents, thus enhancing stability in cyber relations. Japan’s co-authorship and endorsement of the handbook reflect a wider international commitment to normative development in this area.
Crucially, the handbook addresses the disparity between the Global North and Global South in publishing and shaping national cyber law positions. Dr. Talita Dias, a co-author, highlighted the necessity of narrowing this knowledge gap, stressing that empowering states from the Global South to develop their national positions fosters internal cohesion and equips them for meaningful participation in multilateral forums. The handbook positions this process not simply as an academic exercise but as a catalyst for constructive dialogue, enabling divergent views to be mapped and common legal ground to be forged across diverse geopolitical landscapes.
In sum, this handbook stands as a milestone in the concerted international endeavor to regulate cyberspace through the lens of international law. By providing concrete, actionable guidance tailored to the needs of states, it facilitates more harmonized approaches to cyber governance, paving the way for increased legal certainty, accountability, and ultimately, a more secure global digital environment. As cyber operations continue to challenge traditional legal frameworks, this publication equips states with the intellectual and procedural toolkit to address those challenges head-on, positioning it as an indispensable asset in the evolution of cyber norms and policy.
Subject of Research: Development of national positions on the application of international law to cyber activities
Article Title: Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States
News Publication Date: May 2025
Web References:
https://ccdcoe.org/research/handbook-on-developing-national-position
https://ccdcoe.org/uploads/2025/05/Checklist-for-developing-a-national-position-1.pdf
References:
- University of Exeter Cyber Law Toolkit: http://cyberlaw.ccdcoe.org/
- UK Economic and Social Research Council Impact Accelerator Account: https://www.ukri.org/what-we-do/supporting-collaboration/supporting-collaboration-esrc/impact-acceleration-accounts
Keywords:
International law, Cyber activities, National position, Cyber conflict, Cyber diplomacy, Cyber governance, Legal framework, State responsibility, Cybersecurity policy, Global South, Cyber operations, Treaty interpretation
