A/76/136 (GGE) consensus reports 45 and reaffirmed by the OEWG consensus report. 46 The current rules are technologically neutral and underline that state behaviour and the deployment of new transformative technologies do not change the applicability of international law. States should strive to deepen a common understanding of how international law applies in cyberspace, alongside its possible implications and legal consequences. It is important to analyse how existing rules apply before discussing the need for any new agreement. Estonia sees notions for a new legally binding instrument as premature. From our perspective, current legal measures are sufficient to offer guidance on responsible state behaviour in cyberspace. The 2013 and 2015 GGEs made substantive progress in terms of discussions on relevant legal rules and principles. In order to maintain peace and stability and promote an open, secure, peaceful and accessible cyberspace, we reiterate the following non-exhaustive elements: international law, including the UN Charter in its entirety, applies to state conduct in cyberspace, noting the principles of humanity, necessity, proportionality and distinction as well as respect for human rights and fundamental freedoms; states must meet their international obligations regarding internationally wrongful acts attributable to them under international law; 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 to commit such acts; states must observe, among other principles of international law, sovereignty, sovereign equality, the settlement of disputes by peaceful means and non-intervention in the internal affairs of other States; the inherent right of States to take measures consistent with international law and as recognized in the Charter. Alongside international law, voluntary, non-binding norms of responsible state behaviour can help prevent conflict in the ICT environment, reduce risks to international peace, security and stability and provide essential guidance for responsible state behaviour in cyberspace. Estonia underlines the importance of adhering to the set of voluntary non-binding norms reaffirmed in the UN General Assembly resolution 70/237. Together with confidence-building measures and capacity building measures, international law and norms constitute the framework for responsible state behaviour in cyberspace. We highlight that norms do not replace or alter States’ obligations or rights under international law. The paper first provides an overview of state obligations, followed by our position on state responsibility and attribution, and concludes with possible response options. I. Obligations of states Respect for sovereignty Sovereignty as a fundamental principle of international law applies in cyberspace. The 2013 and 2015 GGE consensus reports underscore that sovereignty and the international norms and principles that flow from it apply to state conduct of ICTrelated activities. In addition, the 2013 GGE emphasised the importance of international law, the Charter of the UN and the principle of sovereignty as the basis for the use of ICTs by states. __________________ 45 46 24/142 A/68/98*, adopted by UN General Assembly resolution A/RES/68/243; A/70/174, adopted by UN General Assembly resolution A/RES/70/237 A/75/816, adopted by UN General Assembly Decision A/DEC/75/564 21-09670

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