At the same time it should be noted that on 31 October 2019, a resolution of the Council
of Ministers adopting the Cybersecurity Strategy of the Republic of Poland for 2019-2024?
came
into force. This document
outlines the
Polish
government’s
strategic
objectives
as
regards cyber security, that is increasing the level of resilience to cyber threats, and protection
of information
in the public, military, and
private sectors. According to the Strategy,
Republic of Poland — in cooperation with like-minded
that
binding
cyberspace.”
international
law,
One
specific
of the
most
importantly
objectives
partners — shall promote the position
the
listed
“The
United
in the
Nations
Strategy
Charter,
is building
applies
a
to
strong
international position of the Republic of Poland in the area of cybersecurity. This position is in
line with the objective.
It should
also be noted
that the
EU Council
Strategy for the Digital Decade of 9 March
conclusions
on the EU’s Cybersecurity
2021 are applicable to cybersecurity.
issue was subject to a joint communication to the European
Before the
Parliament and the Council, The
EU's Cybersecurity Strategy for the Digital Decade of 16 December 2020 published by the
Commission and the High Representative of the Union for Foreign Affairs and Security Policy.
Il. Application of international law to actions in cyberspace
1. The existing international law, including the Charter of the United Nations, applies to
cyberspace. Therefore, states are required to adhere to international law in cyberspace.
The lack of universal treaties* referring directly to the actions of states and other actors
in cyberspace does not mean that this space lies outside the law or is unregulated. The norms
of international law derived both from the treaties and from other sources of law, in particular
customary
international
law,
apply
to
it. So
far,
the
stance
that
the
existing
norms
international law apply to cyberspace has been taken among others by the European
the North Atlantic Treaty Organization®, the UN Group of Governmental
of
Union’,
Experts (UN GGE)’
and a number of states.
3
Official
Gazette
of
the
Republic
of
Poland
Monitor
Polski
of
2019,
item
1037,
http://prawo.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WMP20190001037.
4 It should
be noted,
however,
that the Council of Europe
Convention
on Cybercrime
of 23 November
2001
is
gradually gaining the status ofa global treaty. 66 States, including 21 non-members of the Council of Europe, have
become parties thereto.
° Joint Communication to the European Parliament, the Council, the European Economic and Social Committee
and the Committee of the Regions Cybersecurity Strategy of the European Union: An Open, Safe and Secure
Cyberspace, Brussels, 7 February 2013, JOIN/2013/01 final; the Council Conclusions on malicious cyber activities,
Brussels, 16 April 2018, 7925/18, stating among others that “the EU will continue strongly to uphold that existing
international law is applicable to cyberspace and emphasises that respect for international law, in particular the
UN Charter is essential to maintaining peace and stability. The EU underlines that States must not use proxies to
commit internationally wrongful acts using ICTs, and should seek to ensure that their territory is not used by nonstate actors to commit such acts (...)”.
® Brussels Summit Declaration https://www.nato.int/cps/en/natohq/official texts _156624.htm#20.
’ https://www.unidir.org/files/medias/pdfs/developments-in-the-field-of-information-andtelecommunications-in-the-context-of-international-security-2012-2013-a-68-98-eng-0-578.pdf