The Republic of Poland’s position
on the application of international law in cyberspace
l.
Introduction
Changes
brought
about
by the
dynamic
growth
of digital
technologies,
including the
implementation and development of e-government or the increasingly widespread electronic
administration
of
critical
infrastructure,
result
in
countries’
growing
dependence
on
cyberspace?. On the one hand it offers new opportunities, but on the other hand it also poses
challenges to state security and sovereignty.
The recent years have seen a series of actions in cyberspace, implemented
by both state
and non-state entities, that have targeted the stability and security of other nations and posed
a challenge to assess their legality from the perspective of generally applicable norms of
international
law.
Examples
include
the
use
of
actions
in
cyberspace
as
part
of
the
phenomenon commonly referred to as hybrid war, interference in democratic elections, and
activities undertaken by terrorist groups.
Cyberspace
poses
a
challenge
to
international
law
due
to
its
partly
non-territorial
character, the speed with which actions can be carried out in it, and the relative anonymity it
allows the users. Its specific nature requires explanation, sometimes also clarification, as to
how norms of international law can be applied in the context of activities in cyberspace.
By presenting this position, the Republic of Poland wishes to join the states that have
already formulated their views in this respect. In Poland’s view, the practice of publicly
presenting positions in key matters concerning international law increases the level of legal
certainty and transparency, at the same time contributing to strengthening respect
international law commitments, and offers an opportunity to develop customary law.
for
Poland is also in favour of the discussion on how to apply international law to cyberspace,
taking place in the UN in the field of information and telecommunications in the context of
international security since 2013 within the Group of Governmental
Experts, and also within
the Open-Ended Working Group since 2021. As indicated in Poland’s position presented at the
UN in 2016, “Respect for international law and norms are a necessary condition for
maintaining peace and security between States in cyberspace”’.
Respect
for
the
fundamental
norms
of
international
law
is in turn
instrumental
in
preventing international conflicts and their escalation. The above also applies to activities in
cyberspace.
permanent
This
position
membership
is thus
a natural
continuation
of
Poland’s
two
years
of
non-
of the Security Council (2018-2019), where the issue of respect for
international law was one of Poland’s priorities.
1 Pursuant to the provisions of Polish law, cyberspace is the space for processing and exchanging information
formed by ICT systems defined in Article 3(3) of the Act of 17 February 2005 on the computerisation of activities
of entities performing public tasks (Journal of Laws of 2019, items 700, 730, 848 and 1590), including relations
between them and relationships with the users — in accordance with Article 2(1b) of the Act of 29 August 2002
on the martial law and competences of the Supreme Commander of the Armed
Forces and the rules of his
subordination to the constitutional authorities of the Republic of Poland (Journal of Laws of 2017, item 1932).
* Report
of the Secretary
General:
Developments
in the field of information
context of international security, 19 July 2016, A/71/172.
and
telecommunications
in the