applications may offer development opportunities, they may also expand attack surfaces,
amplify vulnerabilities in the ICT environment or be leveraged for novel malicious activities.
Particular technological trends and developments were highlighted in this regard, including
progress in machine learning and quantum computing; the ubiquity of connected devices
(”Internet of Things“); new ways to store and access data through distributed ledgers and
cloud computing; and the expansion of big data and digitized personal data.
International Law
9.
Guided by the Group’s mandate, and with the objective of maintaining peace and stability
and promoting an open, secure, stable, accessible and peaceful ICT environment and
promoting common understandings, States had an exchange of views on how international
law applies to the international security dimension of ICTs.
10. In their discussions at the OEWG, States recalled that international law, and in particular the
Charter of the United Nations in its entirety, is applicable and essential to maintaining peace
and stability and promoting an open, secure, stable, accessible and peaceful ICT environment.
In this regard, States underscored the need to take steps to avoid and refrain from taking any
measures not in accordance with the Charter of the United Nations and international law
and some States noted with concern that such measures impedes the full achievement of
economic and social development by the population of the affected countries and that hinders
their well-being. At the same time, States also highlighted that further understanding was
required on how international law applies to State use of ICTs.
11. Specific principles of international law which were reaffirmed include, among others, State
sovereignty; sovereign equality; the settlement of international disputes by peaceful means
in such a manner that international peace and security and justice are not endangered; refraining
in their international relations from the threat or use of force against the territorial integrity or
political independence of any State, or in any other manner inconsistent with the purposes of
the United Nations; respect for human rights and fundamental freedoms; and non- intervention
in the internal affairs of other States.
12. It was recalled that international law is the foundation for stability and predictability in
relations between States. In particular, International Humanitarian Law reduces risks and
potential harm to both civilians and civilian objects as well as combatants in the context of
an armed conflict. At the same time, States underscored that international humanitarian law
neither encourages militarization nor legitimizes resort to conflict in any domain.
13. It was also noted that under customary international law, the responsibilities of States with
regard to internationally wrongful acts extend to their use of ICTs.
14. It was recalled 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 non-State actors acting on
the instruction or under the control of a State to commit such acts. The responsibility of States
was also noted regarding conduct of their organs and of persons or entities exercising
elements of governmental authority entities owned by or under the control of the State. as
well as conduct which they otherwise direct or control.
15. States recalled that the indication that an ICT activity was launched or otherwise originates
from the territory or the ICT infrastructure of a State may be insufficient in itself to attribute
the activity to that State and that accusations of organizing and implementing wrongful acts
brought against States should be substantiated. Some States highlighted the importance of
genuine, reliable and adequate proof in this context.
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