2. The principle of sovereignty applies to cyberspace State sovereignty is a basic principle of international law.® According to this principle, states are independent and equal in international relations, while their territorial integrity and political independence are inviolable. As a consequence, states exercise supreme power over their own territory.? The principle of sovereignty is closely linked to the principle of non-intervention in affairs falling under the domestic jurisdiction of a state. The norms concerning the jurisdiction of astate and the immunities of a state and its representatives are also derived from the principle of sovereignty. A state exercises power over cyberspace users located within its territory, over IT infrastructure and over data. While respecting the norms of international law by which it is bound, it may entitled exercise its sovereign to protect them. prerogatives As a result, the Republic over such of Poland actors and facilities. takes the position It is also that the violation of astate’s sovereignty may occur both in the event of an attack against state infrastructure and against private infrastructure. A mere fact that IT infrastructure is linked in a number of ways with an international network does not result in the state’s losing any of its rights with respect to such infrastructure. As it was indicated earlier, sovereignty has an external dimension as well. External sovereignty means that a state is independent in its external relations and is capable of freely engaging in any actions in cyberspace, also outside its own territory, subject to restrictions under international law. Another consequence of sovereignty is a state’s capacity to enter into treaties, including those on cyberspace. The principle of sovereignty requires other states to refrain from any actions that would violate sovereignty, and in particular states are obliged not to knowingly make their territory available for the purposes of acts that would violate the rights of other states.? Poland is of the opinion that in the event of a hostile operation conducted in cyberspace, causing serious adverse effects within the territory of a state, such actions should be considered a violation of the principle of sovereignty, irrespective of whether such effects are of kinetic nature or are limited to cyberspace. The violation of the principle of sovereignty may be exemplified by a conduct attributable to a third country that consists in interfering with the functioning of state organs, for instance by preventing the proper functioning of ICT networks, services or systems of public entities, or by a theft, erasure or public disclosure of data belonging to such entities. 8 See the International Court of Justice’s judgment in the case concerning military and paramilitary activities in and against Nicaragua (Nicaragua v. United States of America), ICJ. Rep. 1986, § 263. ° “Sovereignty in the relations between States signifies independence. Independence in regard to a portion of the globe is the right to exercise therein, to the exclusion of any other State, the functions of a State”, an arbitral award in the Island of Palmas case (United States v. Netherlands, 1928); the judgment of the International Court of Justice in the Corfu Channel case (United Kingdom v. Albania), ICJ. Rep. 1949, p. 19; see “Between independent States, respect for territorial sovereignty is an essential foundation of international relations”, the judgment of the International Court of Justice in the Corfu Channel case (United Kingdom v. Albania), ICJ. Rep. 1949, p. 35; the International Court of Justice’s judgment in the case concerning military and paramilitary activities in and against Nicaragua (Nicaragua v. United States of America), ICJ. Rep. 1986, § 251.