II. The Descriptive Part:
8- In our view, the narrative introduction and the descriptive part (sections A to G of
the pre-draft) represent a factual, balanced, and comprehensive account of the
discussions and the inputs by Member States, including an accurate reflection on
both the points of convergence and divergence as well as an excellent coverage
of all the aspects of the pillars of the OEWG discussions.
9- Therefore, and taking into account that our national positions have been fully
expressed in our written submissions and our statements and interventions during
the meetings, we prefer to refrain from initiating a lengthy process of proposing
edits to this descriptive part of the report which allows for the whole range of views
on each topic to be covered in an unbiased manner while not shying away from
properly addressing the points of divergence.
III. The Recommendations Section:
10- On the conclusions and recommendations contained in section H, while the
adoption of a more ambitious set of binding commitments agreed by Member
States, at least on the universal implementation of the 11 norms of responsible
State behaviour contained in the 2015 GGE report, would have represented the
optimum outcome, we believe that the pragmatic and practical recommendations
contained in the pre-draft, taken together in their entirety, represent a significant
step in the right direction, especially if they are universally implemented by all
Member States.
11- The following are preliminary additional recommendations for the consideration of
the OEWG (to be included in the placeholders contained in the pre-draft):
a. International Law: To complement the steps envisaged in the proposed
recommendations (i.e. the exchange of views and information on national policies
and practices, the establishment of a repository, and the study by the International
Law Commission), Member States should be encouraged to continue to consider
the adoption of an agreed common understanding on how international law
applies to State use of ICTs in the context of international security and to identify
possible gaps that need to be addressed through further rules that take into
account the unique attributes of the ICT environment.
b. Rules, Norms, and Principles: To complement the steps envisaged in the
proposed recommendations:
i. Member States should be encouraged to continue to consider as
appropriate the possible adoption of a legally and/or politically binding
instrument(s) that compiles and streamlines the information presented by
Member States on their implementation of international rules and the
relevant proposed repository, with a view to regulating specific aspects of
State use of ICTs from the international security perspective, taking into
consideration that binding and non-binding tracks could be pursued in
parallel, and that in the field of disarmament, voluntary measures alone
have seldom yielded successful results (as was highlighted in the summary
of the intersessional consultative meeting).
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