The Kingdom of the Netherlands’ response to the pre-draft report of the OEWG law, complemented with the norms and recommendations in the reports from the UN GGE, provides States with a framework for responsible behaviour in cyberspace. It is however up to States to adhere to this framework, fulfil the obligations of this framework, and demonstrate restraint when required. 11. In this light, the Netherlands supports a technology-neutral, effects-based approach and a focus on State behaviour, including the use of proxies, for the report of the OEWG. The report of the OEWG should refrain from the use of the term ‘militarization of cyberspace’ because the meaning and scope of this terminology is unclear and not supported by consensus in the OEWG. 12. The Netherlands supports the acknowledgement by the pre-draft report of the OEWG of the new and potential severe threat to international peace and security by autonomous cyber operations initiated by States and non-state actors. These independently operating and developing cyber operations are, once launched, outside the control of the initiators and therefore the adherence to the framework of responsible behaviour including international law cannot be ensured. 13. The Netherlands fully underlines the severity of threats against critical infrastructure, including the preparatory activities of carrying cyber operations against critical infrastructure. The threat is amplified because these days, critical infrastructure is no longer confined to the borders of States but is increasingly becoming transnational and interdependent. 14. The Netherlands would like to suggest for the report of the OEWG to consider the threat that cyberoperations pose against the general availability or integrity of the public core of the Internet. Over the years, cyber operations against the integrity, functioning and availability of the internet has shown to be a real and credible threat. 15. The Netherlands would like to advice against deliberating on issues related to the content of ICT’, such as “disinformation” in the work of this working group, as these fall outside of the scope of this working group. The Netherlands asserts that any measure to counter “disinformation” must respect fundamental rights, such as the right to privacy, press freedom and freedom of expression. If the Chair decides otherwise, The Netherlands strongly suggests that the report of the OEWG stresses that all countries should ensure that measures to counter “disinformation” are formulated in a way that respects international human rights law and complies with the principles of legality, legitimacy, proportionality and necessity. 16. The Netherlands does not agree with the assertion that encryption is a technological trend comparable to machine learning and quantum computing. Furthermore, The Netherlands does not agree with the assertion that encryption amplifies vulnerabilities. Indeed the Netherlands recognizes that strong encryption is important for cybersecurity and for respecting the right to privacy and ensures confidential communication for the government and the private sector. International law 17. The Netherlands is of the view that existing international law applies in its entirety. We do not consider there to be a gap in existing international law. There is however a clear gap in the understanding of how international law applies in cyberspace. Discussions and the recommendations of the OEWG should therefore lead to more clarification on the application of different aspects of international law. A topical example of a type of operation that would require further clarification from states is a cyber-operation against the healthcare sector, and cyber enabled information operations to disrupt the lawful response in times of urgent crisis. If states would clearly state their views on how international law applies in cyberspace, this would enable them to assess these specific cases against a coherent legal framework and make a balanced and informed decision as to any potential response. 18. In light of the above, the Netherlands would like to provide a number of concrete examples of the application of international law. Malicious cyber operations targeting healthcare systems or facilities could, depending on the specific circumstances, be qualified as a violation of international law. Equally, cyber enabled information operations that intervene with, for example national crisis response mechanisms during a health crisis, could, depending on the circumstances, be qualified as violation of international law. In addition to this, during an armed conflict, cyber operations targeting healthcare facilities are prohibited when they constitute a violation of International Humanitarian Law. Page 2 of 6

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