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International law
Australia’s position on how international law governs State conduct in
cyberspace is presented in the International Cyber Engagement Strategy (2017), as
supplemented by the 2019 International Law Supplement (both available on the
website of the Department of Foreign Affairs and Trade: www.dfat.gov.au/
sites/default/files/application-of-international-law-to-cyberspace.pdf).
In February 2020, Australia published a non-paper entitled “Case studies on the
application of international law in cyberspace” (available on the websites of the Open ended Working Group: https://unoda-web.s3.amazonaws.com/wp-content/uploads/
2020/02/australian-international-law-case-studies-final-5-february-2020.pdf; and the
Department of Foreign Affairs and Trade: www.dfat.gov.au/sites/default/files/
australias-oewg-non-paper-case-studies-on-the-application-of-international-law-incyberspace.pdf).
Implementation
Recalling that, in 2015, the General Assembly called on all Member States
“to be guided in their use of information and communications technologies by the
2015 report of the Group of Governmental Experts” (see resolut ion 70/237),
Australia has published an overview of how Australia observes and implements the
four key pillars of the 2015 Group of Governmental Experts report: international law,
norms of responsible State behaviour, confidence-building measures and capacitybuilding (available on the websites of the Open-ended Working Group:
https://unoda-web.s3.amazonaws.com/wp-content/uploads/2019/09/fin-australianoewg-national-paper-Sept-2019.pdf; and Australia’s Department of Foreign Affairs
and Trade: https://www.dfat.gov.au/international-relations/themes/cyber-affairs/
Pages/international-security-and-cyberspace).
The 2015 Group of Governmental Experts report articulated best practice
activities, which many countries were or are already implementing. Australia
encourages all countries to conduct a stocktaking of ongoing acti vities that align with
the 2015 Group of Governmental Experts report (application of international law,
implementation of norms of responsible State behaviour, confidence-building
measures and capacity-building), as well as to identify gaps and (if applicable)
capacity required to fill those gaps. With Mexico and 24 other countries, Australia
was pleased to submit a proposal to the Open-ended Working Group (established
pursuant to resolution 73/27) to establish a survey of national implementation of
General Assembly resolution 70/237 (available on the websites of the Open-ended
Working Group: https://front.un-arm.org/wp-content/uploads/2020/04/final-joint-oewg
-proposal-survey-of-national-implementation-16-april-2020.pdf and the Department of
Foreign Affairs and Trade: www.dfat.gov.au/sites/default/files/joint-oewg-proposalsurvey-of-national-implementation-april-2020.pdf).
Gender
As recognized by the women and peace and security agenda, women are
differently and uniquely affected by conflict and threats to internat ional peace and
security. Australia commends the recent report of the United Nations Institute for
Disarmament Research on gender balance in arms control, non-proliferation and
disarmament diplomacy entitled “Still behind the curve”, which notes that the F irst
Committee has the lowest proportion of female diplomats of any of the Main
Committees of the General Assembly. The Women in International Security and
Cyberspace Fellowship is a joint initiative of the Governments of Australia, the
United Kingdom, Canada, the Netherlands and New Zealand. It promotes greater
participation by women in discussions at the United Nations on international security
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