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victims are reluctant to pay the ransom. We have also seen attackers grow more
sophisticated, sitting on a network over time and looking around for the most high value data to encrypt, as well as any online back-ups to obstruct recovery.
How international law applies to the use of information and
communications technologies
The United Kingdom affirms that all existing international law, including
respect for human rights and fundamental freedoms and the application of
international humanitarian law to cyberoperations in armed conflict, forms part of our
mutual commitment to behave responsibly in cyberspace. International law applies in
its entirety in the same way it applies to State activities offline.
In this regard, we welcome the call by the International Committee of the Red
Cross for all States to reaffirm that international humanitarian law applies to the
conduct of cyberoperations during armed conflicts. When States engage in
cyberoperations, they are governed by international law just like activities in any
other domain. The application of international humanitarian law to cybe roperations
in armed conflicts provides both protection and clarity. It does not encourage such
conflict and ensures that the existing body of principles and rules that seek to
minimize the humanitarian consequences of conflict apply.
However, we believe that we all need to go further as individual States and set
out our own understandings of how international law applies to cyberspace. The
United Kingdom did so in 2018 when former Attorney General Jeremy Wright QC
MP set out the United Kingdom’s position on applying international law to
cyberspace. This was the first time a Government Minister had placed the United
Kingdom’s view on record.
We also recognize the need for capacity-building in relation to international law,
including through possible exercises relating to our understanding of the application
of international law. Capacity-building in this area could make a tangible difference
to the ability of States to develop their own positions and defend their national
interests in future negotiations, as well as to ensure we do not inadvertently deepen
the digital divide in this way.
Norms, rules and principles of responsible behaviour of States
In September 2019, the United Kingdom submitted to the Open -ended Working
Group the “Non-paper on efforts to implement norms of responsible State behaviour
in cyberspace, as agreed in the United Nations Group of Governmental Expert reports
of 2010, 2013 and 2015”. 11 This remains an effective guide to efforts by the United
Kingdom to implement the norms of responsible State behaviour. We welcomed the
submission by the Multi-stakeholder Advisory Group on Cyber issues of the United
Kingdom of a complementary paper, 12 which provides suggestions on how
stakeholders can contribute to norm implementation in support of States.
The United Kingdom believes that norms must be implemented to be effective.
The key factors in implementation are as follows:
• Awareness within Governments and stakeholder communities to help develop a
shared understanding of the value of the norms and promote their adoption.
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11
12
21-10045
https://unoda-web.s3.amazonaws.com/wp-content/uploads/2019/09/uk-un-norms-non-paperoewg-submission-final.pdf.
www.un.org/disarmament/wp-content/uploads/2019/12/efforts-implement-norms-ukstakeholders-12419.pdf.
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