Belligerent Transmissions Through Neutral Cyberinfrastructure: Why the Anarchy of Cyberspace Demands Special Treatment Under the Law of Neutrality

<p>Relying on its adaptive features, an exception related to neutral communications systems, and its primary purpose, this article posits that the law of neutrality is not violated when malicious code is transmitted through neutral cyberinfrastructure. Using the Hague Conventions of 1899 and 1907 as guides, Part III of this article summarizes the rights and obligations of belligerents and neutral states and identifies the fundamental purposes of the law of neutrality. Part IV evaluates the international treatment of this issue in the <i>Tallinn Manual 2.0 </i>and explores divergent views therein. Part V exposes the flaws in the <i>Tallinn Manual 2.0</i>’s majority opinion, including its failure to acknowledge traditional flexibility in the law of neutrality and its untenable practical implications that undermine the law of neutrality’s essential purposes. Part VI explains that transmitting any malicious code, including cyber weapons, through public-neutral cyberinfrastructure should not violate the law of neutrality and urges the United States to lead the international community in adopting this position.<span>&nbsp;</span></p>