A/77/92
reports of the Groups of Governmental Experts and the report of the Working Group
in 2021.
As recognized in previous reports of the Group of Governmental Experts, as
well as the report of the Working Group, given the unique character of ICTs, the
approach of the United Nations and its States Members to addressing cyberissues in
the context of international security must remain technology-neutral. This is
consistent with the concept and with the acknowledgement by the United Nations that
existing international law applies to new areas, including the use of emerging
technologies.
How international law applies to the use of information and communications technologies
Denmark strongly supports a multilateral system based on the rules -based
international order to deal with the existing and potential threats stemming from
malicious use of ICTs.
As recognized in the 2010, 2013, 2015 and 2021 consensus reports of the Groups
of Governmental Experts, as well as the principles established in paragraph 71 (b) to
(g) of the 2021 report and the Working Group, the international community has made
it very clear that cyberspace is firmly rooted in existing international law. Denmark
emphasizes that existing international law, including the Charter of the United
Nations in its entirety, international humanitarian law and international human rights
law apply to States’ behaviour in cyberspace. We therefore call on all Member States
to live up to the commitment.
Sovereignty, non-intervention and the prohibition of the use of force are
fundamental principles of international law, and States’ violation thereof may
constitute an internationally wrongful act, for which States may conduct
countermeasures and seek reparation under the rules of State responsibility. There is
still room for strengthening the common understanding and interpretation of these
fundamental principles. Denmark supports the work of the Group of Governmental
Experts and the Working Group, as well as other international and regional initiatives,
including the programme of action to advance responsible State behaviour in
cyberspace, in pursuing this outcome.
Importantly, the principle of sovereignty should not be used by States to limit
or violate international human rights law within their own borders. Human rights law
is applicable online as well as offline and entails both a negative and a positive
obligation for States to respectively refrain from acts violating human rights and a
duty to ensure that people can exercise their rights and freedoms.
As described in the Danish Military Manual, cyberspace operations do not differ
from the use of conventional military capacities in relation to applicable international
law. The issue is also reflected in the national Joint Doctrine for Military Cyberspace
Operations of 2019, according to which military leaders are obliged to include
considerations on compliance with international law when conducting cyberspace
operations. Thus, international humanitarian law, including the principles of
precaution, humanity, military necessity, proportionality and distinction, applies to
State conduct in cyberspace and is wholly protective, by setting clear boundaries for
its legality, in times of armed conflict. Denmark would like to join the European
Union in underscoring that international law is not an enabler of conflict, but a way
of protecting civilians and limiting disproportionate effects.
Existing international law, complemented by the 11 voluntary non -binding
norms for responsible State behaviour articulated in the 2015 report of th e Group of
Governmental Experts, provides States with a framework for responsible behaviour
12/34
22-08761
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents