Para. 15
While we agree in principle with the content of this paragraph, in our view, it should be adapted
to better reflect the nuanced discussion held at the OEWG. Indeed, we do not believe the
report should reflect this discussion as having focused on the “militarization” of cyberspace.
Rather, it was noted that the development or use of offensive ICT capabilities, as well as the
stockpiling of vulnerabilities can have a destabilizing effect on international peace and security
if ICT capabilities are used in a manner inconsistent with a State's obligations under
international law. In addition, we would like to highlight that whenever a State decides to apply
an active measure, the State must abide by existing rules and adhere to international law,
including the UN Charter in its entirety. These aspects should be reflected in the report.
We agree that ICTs should not be used to interfere with internal affairs of a State and suggest
that the report emphasize the concerns that cyberspace can be misused to undermine trust
and confidence in the political and democratic processes of a State.
Para. 17
Switzerland supports the analysis and aspects expressed in this paragraph. Threats stemming
from the malicious use of ICTs by States can affect different groups of people differently. Also,
different groups can be vulnerable to different cyber threats and in different ways than others.
As stated in the pre-draft, groups vulnerable to cyber threats can for example include youth,
the elderly, women and men. Switzerland holds that it would be useful for the report to reflect
agreed language on vulnerability aspects, as included in existing agreed international texts.
Para. 18
Switzerland welcomes this paragraph.
Para. 19
Switzerland, including with a view to the current global crisis, believes that the report should
also reflect the human cost of attacks to critical infrastructure, in particular the health sector.
We agree that global systems upon which public or financial systems rely can constitute
transborder or transnational critical infrastructure.
C. International law
Switzerland holds that it is crucial for the OEWG report to highlight that, as stated by the GGE
reports, international law applies to the use of ICTs by States.
Switzerland agrees that the rule of law in cyberspace is key for stability and predictability in
relations between States. It is important to acknowledge and reflect in the report that
adherence to international law, including international humanitarian law and international
human rights law, is fundamental for security, stability, trust and predictability in cyberspace.
Also, as many other delegations at the second session of the OEWG, Switzerland drew
attention to the Joint Statement of the Freedom Online Coalition on “Human Rights Impact of
Cybersecurity Laws, Practices and Policies”. The statement recognizes that cybersecurity and
human rights are complementary, mutually reinforcing, and interdependent. It highlights – in
line with the recognition of the OEWG that cybersecurity is to be considered through a humancentric lens – that a human rights based approach to cybersecurity is a basis for strengthening
cybersecurity and promotion of stability in cyberspace. A number of international human rights
are of particular importance, namely the right to privacy and freedom of expression and
information, as well as non-discrimination. In our view, this should be reflected in the report.
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