     Suggestion: […] it was noted that in line with the relevant provisions of the UN Charter, disputes between States shall be settled by peaceful means in a manner that does not endanger international peace and security and that states shall refrain form the threat or use of force,” Surveys and repositories would play an important role for our future discussions and building consensus on how International Law applies in the ICT security context. We therefore strongly support the inclusion of the proposal on a survey to this effect into the recommendations section, as put forward by South Africa. Inclusion of a reference to the respect for human rights and fundamental freedoms not only in the discussions but also in the recommendations. Refine the definition of the main aims of international humanitarian law in para. 29 saying that IHL „reduces risks and potential harm to both civilians and civilian objects as well as persons no longer participating in hostilities and restricts the means and methods of warfare in the context of an armed conflict.“ While we understand the rationale in using the term “some states”, in para. 32, it doesn’t really reflect the fact that a clear majority of states expressed the view that existing international law, complemented by the voluntary, non-binding norms that reflect consensus among States, is currently sufficient for addressing State use of ICTs. We therefore suggest reflecting that in text. Para. 33: Since a new rule of customary international law can only develop if both elements, opinio iuris and respective state practice are fulfilled, refine by adding “corresponding State practice”. Rules, Norms and Principles     We support the notion in para. 47 that the 11 voluntary non-binding norms form the basis of the work of the OEWG since Res 70/237 was adopted by consensus, whereas the 13 norms enumerated in Res 73/27 were not. This distinction should be made clear, We will submit a proposal on how to make a clearer distinction in writing. e.g., by changing the language: “recalled that General Assembly resolution 73/27 includes a set of 13 rules, norms and principles of responsible behaviour of States as drafted by the resolution’s initial sponsors”. Since voluntary, non-binding norms of responsible State behaviour by definition must be in conformity with legally binding international law, propose to replace “should be viewed as” with “must be” in para. 46. Remove the title of resolution 2131 (XX), 1965 in para. 46 to bring it in line with other resolutions mentioned in the report which are also not listed with their titles. Add a qualifier such as “some” or “few” to para. 52 as the proposal mentioned therein was not brought forth by a large number of states. Capacity-building+Confidence Building Measures    Austria is very pleased with the strong focus given to capacity building in the text of the Zero Draft as it enables the implementation of the normative framework for stability in cyberspace, and to strengthen cyber security and global resilience. A reference to the valuable work of regional organizations on norms, capacity building+CBMs, including their cross-regional cooperation, should also be added in the recommendations section. Capacity building for States to develop their analysis of how international law applies to the use of ICTs is a valuable practical outcome of this OEWG. 2

Select target paragraph3