New CMS Report: Towards Tallinn Manual 3.0
What can Tallinn Manual 1 and 2 teach us about how Denmark should position itself in the drafting of Tallinn Manual 3.0?
Keiko Kono examines this question in the new CMS Report Towards Tallinn Manual 3.0. The report analyzes the paths previously followed by the Tallinn Manuals by investigating the host organization and processes for Manuals 1 and 2, as well as examining stakeholders’ responses to the project’s deliverables and whether they considered its goals to have been achieved. Furthermore, it examines points of (dis)agreement in the previous manuals, with a particular focus on the following topics: Espionage, extra-territorial enforcement jurisdiction, non-intervention, due diligence, collective countermeasures, the plea of necessity, and the notion of “attack” under International Humanitarian Law (IHL).
The report assesses that shifts in the interpretation of the manuals are to be expected, which creates tasks for Denmark in preparation of Tallinn Manual 3.0. It recommends that Denmark articulate its positions on areas subject to reinterpretation and engage with all stakeholders involved in the TM3 project to ensure that Danish perspectives are represented in Tallinn Manual 3.0.
The report can be downloaded here.