16 April 2020 C6. The Report should elaborate more on mechanisms provided under the UN Charter to resolve disputes peacefully and address threats to international peace and security (including referring to Chapters VI, VII and XIV of the UN Charter) and make clear that these mechanisms are available with respect to disputes arising from state activities in cyberspace (para. 32). D. Rules, Norms and Principles for responsible state behaviour D1. Welcome acknowledgement in the Pre-draft that voluntary norms do not replace States’ obligations under international law (chapeau). To emphasise this point, the Report should add “(which is binding)” after the references to “international law” in the second paragraph of the chapeau to this section and in paragraph 34. The Report should further emphasise that, when considering the application of the voluntary non-binding norms, States must simultaneously consider and respect their obligations under existing international law, which are binding. D2. The Report also affords an opportunity to resolve a common mischaracterisation between the so called ‘normative framework for responsible state behaviour in cyberspace’ (the Framework) and ‘voluntary non-binding norms’ (norms); the norms being just one element of the Framework. A chapeau to the operative section of the Report should clarify that the normative framework of responsible state behaviour in cyberspace comprises: international law, which is binding; voluntary non-binding norms; confidence building measures; and, capacity building. The Report should then underline that each element of the Framework is mutually reinforcing and that no one element of the Framework – nor the sections of the Report that follow – should be considered in isolation (para. 12). D3. Welcome reaffirmation in the Pre-draft of consensus support for the 11 norms of responsible state behaviour from the 2015 GGE report (para. 35), as well as consensus support among delegations of the need to promote awareness and support implementation of these existing norms (para. 37). The norms in the 2015 GGE report, remain the only norms endorsed by consensus by all UN Member States (A/Res/70/237) and therefore provide the natural starting point for a consensus based Report. Development of roadmaps and/or guidance to assist in norm implementation (para. 37 and 68(b)) is a sound idea, although the Report would benefit from more specificity on how and by whom. Strongly support the suggestion that States share good practices and lessons learned on norm implementation (paras. 37 and 68(b)). As a means of facilitating this, endorse the joint proposal of Argentina, Australia, Canada, Chile, Denmark, Estonia, France, Indonesia, Kenya, Mexico, the Netherlands, New Zealand, Pacific Island Forum member states, Poland, and South Africa: National Survey of Implementation of United Nations General Assembly Resolution 70/237. Page 4 of 9 www.dfat.gov.au/cyberaffairs