A/76/187 Never before has the need for a global, free, open, secure, stable and peaceful cyberspace been more evident than during the COVID-19 pandemic. ICTs enable the communication, collaboration and knowledge-sharing that the world needs in order to manage the pandemic. Nonetheless, during the current COVID-19 crisis, we have witnessed that malicious actors will take advantage of any opportunity, even a global pandemic. This includes interfering with critical infrastructure, including hospitals essential in combating the pandemic, and cyberenabled theft of intellectual property. Any attempt to hamper the ability of critical infrastructures is unacceptable and can put people ’s lives at risk. Denmark is particularly alarmed by the recent increase in activit ies affecting the security and integrity of ICT products and services, which might have systemic effects. This is unacceptable and must be strongly condemned by all States. Moreover, States must exercise due diligence and take swift and firm action against malicious ICT activity originating from their territory. In addition, as recognized in previous reports of the Group of Governmental Experts and the Open-ended Working Group, given the unique character of ICTs, the approach taken by the United Nations and its Member States to addressing cyberissues in the context of international security must remain technology -neutral. This is consistent with the concept and with the acknowledgement by the United Nations that existing international law applies to new are as, including the use of emerging technologies. How international law applies to the use of information and communication technologies Denmark strongly supports a multilateral system based on the rules -based international order to deal with the existing and potential threats stemming from malicious use of ICTs. The international community has made it clear that cyberspace is firmly rooted in existing international law, as the 2013 and 2015 consensus reports of the Groups of Governmental Experts also attest. Denmark emphasizes that existing international law, including the Charter of the United Nations in its entirety, international humanitarian law and international human rights law, applies to States ’ behaviour in cyberspace. Denmark is pleased that the General Assembly concluded this by consensus earlier this year with the endorsement of the final report of the Open -ended Working Group on Developments in the Field of Information and Telecommunications in the Context of International Security. Now all Member States have to live up to the commitment. Sovereignty, non-intervention and the prohibition of the use of force are fundamental principles of international law and States’ violation thereof may constitute an internationally wrongful act, for which States may conduct countermeasures and seek reparation under the rules of State responsibility. There is still room for strengthening the common understanding and interpretation of these fundamental principles, and Denmark supports the work of the Group of Governmental Experts and the Open-ended Working Group, as well as other international and regional initiatives such as a new programme of action to advance responsible State behaviour in cyberspace, in pursuing this outcome. Importantly, the principle of sovereignty should not be used by States to limit or violate international human rights law within their own borders. Human rights law is applicable online as well as offline and entails both a negative and a positive obligation for States to respectively refrain from acts violating human rights and a duty to ensure that people can exercise their rights and freedoms. 18/46 21-10045

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