Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

by Michael N. Schmitt

In the second situation, the negligent or intentional act is that of a third State. For example, assume State A is the sole launching State and is operating its satellite in accordance with all applicable international law. State B’s cyber operation causes (either negligently or intentionally) the satellite to deorbit, thereby resulting in damage on the territory of State C. State C would be entitled to bring a claim against State A under the Liability Convention or the Outer Space Treaty (assuming State A is a Party to one or both) even if State C knows that State B’s actions caused the deorbit. Potentially, State A separately would have recourse against State B under Article VI of the Outer Space Treaty, as State B is responsible for its activities in outer space (assuming that directing the cyber capability against a satellite qualifies as an ‘activity in outer space’).