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Cyber Operations and the Status of Due Diligence Obligations in International Law

“…Even within the context of international environmental law where this rule crystallized, 174 '[c]ertainly not all instances of transboundary damage resulting from activities within a State's territory can be prevented or are unlawful'. 175 Beyond the above quoted statements in Spanish Zone, Island of Palmas and Trail Smelter that may be understood to constitute 'really no more than statements of what sovereignty means', 176 many arbitral awards prior to Corfu Channel also applied specific primary rules of due diligence relating to the protection of aliens and foreign State representatives. 177 Furthermore, the approach of the Court in Corfu Channel provides an additional demonstration that due diligence obligations are anchored in primary rules: the Hague Convention VIII of 1907 Relative to the Laying of Automatic Submarine Contact Mines was, contrary to UK pleadings, not held to be applicable because it was restricted to times of war.…”