H.E. Jürg Lauber
Ambassador, Permanent Representative
of Switzerland to the United Nations
Chair of the OEWG on ICT
New York, 2 April 2020
Liechtenstein Submission to the pre-draft of the OEWG report
Excellency,
Liechtenstein is grateful for your efforts in steering the OEWG on ICT through its deliberations
in an expert manner and on the basis of fairness, inclusiveness and transparency. We welcome
the circulation of your pre-draft report for consultation with member States at an early stage
and your call for substantive feedback. In this regard Liechtenstein submits the following
comments for your consideration:
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Liechtenstein supports your efforts at a comprehensive reflection of the rich discussions
in the OEWG as we believe this provides a useful basis to move our discussion forward
in the future. At the same time, Liechtenstein underlines that its national position
significantly diverges from or is incompatible with certain positions expressed in the predraft report (notably paragraphs 27, 28), as is to be expected in this kind of exercise.
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With the aim of comprehensiveness in mind, Liechtenstein proposes inclusion of the
following elements in section c “international law” that have been part of the
discussion, but are not currently reflected in the text:
o 25 bis: During the discussions the importance to increase compliance with
international law in cyberspace was raised. While there is consensus on the
applicability of international law, for it to have its full deterrent effect
accountability for violations under international law must be addressed as well.
In this respect the importance of attribution was underlined both with regard to
State responsibility and individual criminal responsibility, and with respect to the
latter the relevance of the application of the Rome Statute in the cyber context
was raised. The possibility of a robust global attribution framework to
complement the work of existing national and international courts was also
raised.
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