A/76/136 A key part of the mandate of the GGE – including through these annexed national contributions – is to continue to study how international law applies to the use of ICTs by States. This question is a subject of ongoing consideration by States individually and collectively through the UN and other multilateral forums. Deepening our understanding of how international law applies is an iterative process, involving States forming national views and exchanging positions. Through internal consideration and international exchanges, States are building a deeper, clearer and more practical understanding of how international law applies to State behaviour in cyberspace. Even where views differ, developing understandings of respective States’ positions may increase predictability and reduce the risk of miscalculation, which can lead to escalation in State conduct. The contributions of States represented through experts as part of this GGE are an important part of this process and will be a valuable resource for the international community on key questions of how international law applies in cyberspace. In 2020, Australia also submitted a non-paper to the UN OEWG on Cyber containing a series of case studies on the application of international law in cyberspace. The case studies seek to demonstrate that existing treaties and customary international law provide a comprehensive and robust framework to address the threats posed by state-generated or sponsored malicious cyber activity. In particular, international law provides victim States with a ‘tool kit’ to identify breaches of international legal obligations, attribute those acts to the responsible State, seek peaceful resolution of disputes and, where the victim State deems appropriate, take lawful measures in response. In this way, the application of existing international law to cyberspace can enhance international peace and security by increasing the predictability of State behaviour, reducing the possibility of conflict, minimising escalation and preventing misattribution. The case studies are annexed to this submission and should be read in conjunction with it. It is important to recognise that international law is most effective when States implement and adhere to their international legal obligations and, where necessary, cooperate to uphold international law and ensure accountability for violations. In the cyber context, international law is one element in the ‘framework for responsible State behaviour in cyberspace’. The other elements are: voluntary, nonbinding norms (‘norms’); confidence building measures; and capacity building. The 2015 GGE elaborated 11 norms, which were endorsed by consensus in UN General Assembly Resolution 70/237 (2015), as well as in the report of the 2021 OEWG which was itself endorsed by consensus in UN General Assembly Decision 75/816. The norms reflect the expectations and standards of the international community regarding responsible State behaviour in cyberspace, but they do not replace or alter States’ binding obligations or rights under international law. Accordingly, the norms provide specific guidance, additional to international law, on what constitutes responsible State behaviour in the use of ICTs. This understanding of the relationship between international law and norms was affirmed by the OEWG in its 2021 report. 1. The United Nations Charter, the law on the use of force (jus ad bellum) and the principle of non-intervention The United Nations Charter (UN Charter) and associated rules of customary international law apply to activities conducted in cyberspace. Article 2(3) of the UN Charter requires States to seek the peaceful settlement of disputes and Article 2(4) prohibits the threat or use of force by a State against the territorial integrity or political independence of another State, or in any manner inconsistent with the purposes of the 4/142 21-09670

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