Neutrality in cyberspace

The primary object and purpose of the law of neutrality is to protect the (territorial) sovereignty of neutral States and to prevent an escalation of an international armed conflict. Despite of the unique characteristics of cyberspace there is widespread agreement that that body of law applies to cyber operations taken against, or by use of, cyber infrastructure that is located within the territory of neutral States. Belligerents must respect the inviolability of neutral States and they are prohibited to exercise belligerent rights within their territory. It is, however, not yet sufficiently clear whether that prohibition also applies to (malicious) cyber activities transmitted through neutral cyber infrastructure. Neutral States are prohibited to allow the exercise of belligerent rights within their territory. Moreover, they are under an obligation to take all feasible measures to terminate such exercise. Again, it is unclear whether neutral States are also obliged to prevent a future exercise of belligerent rights. If a neutral State is unwilling or unable to comply with its obligation to terminate (or to prevent) a violation of its neutral status, the aggrieved belligerent is entitled to enforce the law of neutrality, subject to proportionality.