The Effectiveness of Tallinn Manual 2017on the ICC’s Jurisdiction in Establishing International Peace and Cyber Security

Paying attention to friendly relations and the necessity of resolving disputes in a way that prohibits governments from interfering in the affairs of other countries is an inevitable issue. Peace and cyber security with the development of cyber activity is an essential principle that is violated by resorting to cyber force. The principle of prohibiting the use of force is used to determine the breach or non-breach of Article (4)2 of the United Nations Charter and its prohibition in customary international law. Legal intervention by the Security Council of the International Community in contrast to the use of force by a hostile side in order to establish international peace and security can be done by referring the matter to the International Criminal Court. Breach of international peace and cyber security by committing cybercrimes can be recognized as a “crime of invasion” in the form of a “moral perpetration” (agent) if they reach the appropriate action. In accordance with the rule 13 of Tallinn 1’s Manual in 2013, as well as paragraph 6 of Article 69 of in the Manual of Tallinn 2 in 2017, the beginning for the crime of invasion should be considered as an “armed conflict” based on the effect, domain and severity of cybercrime, which has the nature of a breach of international lawand prohibition of use of force, and criminal liability will be extended to informed non-governmental activists in addition to the hostile person.