This statement is submitted as part of the Group of Governmental Experts process (“GGE”), by the participating
governmental expert from the United Kingdom in accordance with the mandate of the Group of Governmental
Experts on Advancing responsible State behaviour in cyberspace in the context of international security,
established pursuant to General Assembly resolution 73/266A.
INTRODUCTION
1. International law is fundamental to maintaining security and stability in cyberspace and
international law applies to States’ conduct in cyberspace on the same basis as it applies
to their other conduct. The application of international law to States’ conduct in
cyberspace is clearly recognised by the international community. In the recent 2021
OEWG report, States reaffirmed their understanding (as already set out in the 2013 and
2015 GGE reports) that ‘international law, and in particular the Charter of the United
Nations, is applicable and is essential to maintaining peace and stability and promoting an
open, secure, stable, accessible and peaceful ICT environment’.
2. The United Kingdom therefore welcomes the current initiative encouraging States to
submit statements to be annexed to the report of the Governmental Group of Experts
setting out their national positions on how international law applies in cyberspace. This
will assist States in promoting a better understanding of international law and its
development and facilitate greater transparency about, and mutual understanding of,
what constitute acceptable behaviours in cyberspace. The greater the clarity on the
boundaries of lawful behaviour, the lower the risk of miscalculation and the clearer the
consequences can be for transgressing them. This statement is intended as a contribution
to this initiative and briefly sets out, on a non-exhaustive basis, the United Kingdom’s
position on a number of specific issues relating to how international law applies to States’
conduct in cyberspace.
3. The United Kingdom is committed to a free, open, peaceful and secure cyberspace. The
use of cyberspace is in the interest of States and the international community as a whole
and States have the right to exercise their cyber capabilities, subject to any restrictions
imposed by international law. While there is no internationally agreed definition of
“cyberspace” it is used in this statement to refer to the sphere of actions and conduct
carried out using the interdependent network of information technology infrastructures
that includes the internet, internet-related telecommunications networks, computer
systems and internet connected devices.1 The prefix “cyber” is used in this statement to
characterise actions which are carried out using such information technology
infrastructures.
This definition is broadly based on the definition of cyberspace in HMG’s National Cyber Security Strategy 2016-2021 which can be found
here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/567242/national_cyber_security_str
ategy_2016.pdf which defines cyberspace as ‘the interdependent network of information technology infrastructures that includes the
Internet, telecommunications networks, computer systems, internet connected devices and embedded processors and controllers. It may
also refer to the virtual world or domain as an experienced phenomenon, or abstract concept.’
1
2