Annex Australia Non Paper Case studies on the application of international law in cyberspace The international community recognises that existing international law – and in particular the UN Charter in its entirety – is applicable to state conduct in cyberspace and is essential to maintaining peace and stability and promoting an open, secure, peaceful and accessible ICT environment. This is reflected in the 2013 and 2015 reports of the UN Group of Governmental Experts on the use of Information Communications Technologies in the Context of International Security (UNGGE),1 as adopted by the UN General Assembly.2 Australia’s position on how international law governs state conduct in cyberspace is presented in the International Cyber Engagement Strategy (2017), Annex A,3 as supplemented by the 2019 International Law Supplement.4 These case studies apply international law to standalone hypothetical scenarios, demonstrating that existing treaties and customary international law provide a comprehensive and robust framework to address the threats posed by state-generated or sponsored malicious cyber activity. In particular, international law provides victim states with a “tool kit” to identify breaches of international legal obligations, attribute those acts to the responsible state, seek peaceful resolution of disputes and, where the victim state deems appropriate, take lawful measures in response. The case studies illustrate that the application of existing international law to cyberspace can enhance international peace and security by increasing predictability of state behaviour, reducing the possibility of conflict, minimising escalation and preventing misattribution. The case studies represent fictional scenarios and are not based on actual actors or events. They are intended to illustrate potential options rather than recommend a course of action. They do not purport to represent how Australia could or would respond to any malicious cyber activity directed against it, or purport to provide a comprehensive view on potential response options or the international law issues raised in any specific scenario. 1 Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (24 June 2013) UN Doc A/68/98 para 19; Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (22 July 2015) UN Doc A/70/174 para. 24. 2 UNGA Resolution 68/243 (9 January 2014) UN Doc A/RES/68/243; UNGA Resolution 70/237 (30 December 2015) UN Doc A/RES/70/237. 3 Available at https://dfat.gov.au/international-relations/themes/cyber-affairs/aices/chapters/annexes.html#Annex-A and also enclosed at Attachment 1 4 Available at https://dfat.gov.au/international-relations/themes/cyberaffairs/aices/chapters/2019_international_law_supplement.html and also enclosed at Attachment 2 i www.internationalcybertech.gov.au