- - Importance of adherence to UN Charter principles and the UN Charter in its entirety. This paragraph reflects the key recognition that a peaceful cyberspace is a common goal of all States. Therefore, this important paragraph could be moved up. Attribution: In line with our statements and the intervention of others at the OEWG, it is our view that attribution is a national prerogative. We are convinced that the report would provide a significant added value by referring to attribution as a process which takes into account the technical characteristics of an attack, the wider context, the full range of information gathering and the legal criteria as set out in the ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts. This process lays the basis for political decision-makers to attribute an attack to a specific actor. We would therefore welcome the explicit reference to “national prerogative” in this paragraph. Given the multifaceted nature of attribution, it would make sense to mention the process of attribution under "D: Rules, Norms and Principles for Responsible State Behaviour". D. Rules, Norms and Principles for Responsible State Behaviour Switzerland agrees that voluntary norms do not replace or - equally important - alter international legal obligations. In our view, this is a key aspect that should be reflected clearly throughout the report. Para. 34 We believe the report should exercise prudence when describing discussions on topics outside the OEWGs mandate. Para. 36 In our view, while the documents mentioned in this paragraph were indeed mentioned by some States over the course of the two OEWG sessions, they were not discussed or elaborated. We would therefore suggest removing this paragraph. Paras. 37, 38 As we have expressed over the course of the work of the OEWG, Switzerland is of the view that voluntary norms reinforce international law and play an important role in preventing conflict. At the same time, it is clear that the mere existence of voluntary norms alone does not suffice to reach this goal; rather, respect and implementation of the existing voluntary norms is key to preventing conflict. In our view, the OEWG should focus on providing guidance on how existing norms can be operationalised. For example, proposals relating to the protection of the public core of the internet, not to harm medical facilities, not to disrupt infrastructure essential to political processes and relating to transnational critical infrastructure could in our view provide valuable guidance to existing norms. Also, Switzerland would be grateful for clarification on what is meant by “upgrading” of voluntary norms. States have accepted to be guided by the 11 voluntary norms, as endorsed by the General Assembly. Therefore, Switzerland supports proposals aimed at encouraging the international community to reaffirm its commitment to international peace and security in the use of ICTs. E. Confidence-building Measures (CBMs) Para. 43 Switzerland supports the assessment that the OEWG in itself is a CBM. The OEWG provides an important space to strengthen collective implementation of the existing framework that guides the responsible use of ICTs by States, as developed by past GGEs and endorsed by the GA. We suggest that this paragraph is reformulated accordingly. 5

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