State is presumed to include the obligation to exercise its capacity to influence the statesupported person or group of persons so as to prevent them from implementing such cyber operations. One characteristic of cyber operations is the difficulty of making judgment as to attribution to a State. In this respect, the due diligence obligation may provide grounds for invoking the responsibility of the State from the territory of which a cyber operation not attributable to any State originated. It is possible at least to invoke the responsibility of such a State for a breach of its due diligence obligation, even if it is difficult to prove the attribution of a cyber operation to any State. (5) Peaceful settlement of disputes, prohibition of the use of force, and the right to self-defense (a) Peaceful settlement of disputes Any international disputes involving cyber operations must be settled through peaceful means pursuant to Article 2(3) of the UN Charter. In addition, pursuant to Article 33 of the UN Charter, the parties to any dispute involving cyber operations, the continuance of which is likely to endanger the maintenance of international peace and security, must first of all seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. In order to ensure the peaceful settlement of disputes, the powers of the Security Council based on Chapters VI and VII of the UN Charter and the functions of the other UN organs, including ICJ based on Chapter XIV of the UN Charter and the Statute of the International Court of Justice should be used in disputes stemming from cyber operations. (b) Prohibition of the use of force Under certain circumstances, a cyber operation may constitute the threat or use of force prohibited by Article 2(4) of the UN Charter. Pursuant to this article, all States shall refrain in their international relations from the threat or use of force. The Government of Japan presumes that as a general rule the threat of force refers to a State's act of threatening another State by indicating its intention or attitude of using force, without actually using force, unless its arguments or demands are accepted. The obligation to refrain from the threat or use of force in international relations is an important obligation relating to cyber operations. (c) Right of self-defense When a cyber operation constitutes an armed attack under Article 51 of the UN Charter, States may exercise the inherent right of individual or collective self-defense recognized under Article 51 of the UN Charter. (6) International humanitarian law International humanitarian law is also applicable to cyber operations. 6

Select target paragraph3