operations. The Government of Japan also hopes that the deepening of a shared understanding — particularly regarding which activities in cyberspace constitute a violation of international law and which tools are available under international law for States whose legal interests have been infringed by cyber operations — will deter malicious activities in cyberspace.3 The Government of Japan's policy is to continue actively participating in relevant discussions, including ones held under the auspices of the UN. It should be noted that international law applicable to cyber operations is not limited to those mentioned in this document. The Convention on Cybercrime, to which Japan is a party, is an important element of international law applicable to cyber operations. Treaty provisions related to the Data Free Flow with Trust principle, for which Japan is promoting rule-making under the Comprehensive and Progressive Agreement for TransPacific Partnership (CPTPP), the Japan-U.S. Digital Trade Agreement, and the Japan-UK Economic Partnership Agreement, also constitute international law applicable to some aspects of cyber operations. 2. International Law Applicable to Cyber Operations (1) Existing international law and the UN Charter Existing international law, including the UN Charter in its entirety, is applicable to cyber operations. The 2015 GGE report mentions 11 voluntary, non-binding norms of responsible State behaviour. These items were agreed by Governmental experts as requiring implementation at least as norms, but they include items which affirm or relate to rights and obligations under international law. The inclusion of such norms among the 11 items does not mean that the rights and obligations under existing international law are extinguished or altered. (2) Violation of sovereignty and the principle of non-intervention A State must not violate the sovereignty of another State by cyber operations. Moreover, a State must not intervene in matters within domestic jurisdiction of another State by cyber operations. With respect to the principle of non-intervention, cyber operations may constitute unlawful intervention when requirements including the element of coercion, which are clarified in the Nicaragua judgement (1986),4 are met. On the other hand, regarding a violation of sovereignty that does not necessarily constitute an intervention, in the Lotus case, the Permanent Court of International Justice 3 4 The term "cyberspace" does not imply the existence of a space which does not belong to real space. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America). Merits, Judgment. I.C.J. Reports 1986, p.97-98, paragraph 205. 2