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