17. In an increasingly interconnected world, varying levels of capacity for ICT security among States can immensely increase and amplify vulnerability. Thus, the widening “digital divide” among countries and regions poses a serious threat in the global ICT environment. International Law 18. Previous GGEs have concluded 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. 19. The principles of international law and Charter obligations provide a fundamental framework guiding States’ use of ICTs. The principles of sovereignty; sovereign equality; the settlement of international disputes by peaceful means; refraining from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations; respect for human rights and fundamental freedoms; and non-intervention in the internal affairs of other States, are cross-cutting in nature and must be adhered to in all domains, including cyber-space. Respect for and compliance of these principles must be the international community’s first port of call in maintaining security and stability in the ICT environment. 20. The issue of the applicability of the law of armed conflict (jus ad bellum) and States’ “right to self-defense” under article 51, as well as the applicability of the rules of engagement in military conflicts in the ICT context raises legitimate concerns of States. 21. Given the unique differences between the physical and cyber spheres, including speed, stealth and anonymity associated with the use of ICTs, as well as the difficulty in attributing the source of an ICT incident; this issue requires careful consideration. There is a need to adapt international law according to the unique characteristics of the ICT environment. 22. Every effort must be made to prevent cyberspace from turning into an arena of conflict. Pending a universal and internationally agreed understanding on this issue, States should refrain from interpreting the applicable international law in the ICT environment, which could exacerbate the security and stability risks in this domain. States should instead focus on cooperating to prevent conflicts in cyberspace from erupting in the first place. 23. Differences on this issue among Member States should however not prevent the OEWG from focusing its attention and efforts on translating the existing norms and recommendations into more elaborate, operational, and binding measures that guide States in their use of ICTs in the context of international security. 24. Pakistan also recognizes the need for legally binding international instruments, specifically tailored the unique attributes of ICTs, which can provide a regulatory course to ensure stability and security in the ICT environment. Such a framework should address the concerns and interests of all States, be based on consensus, and pursued within the UN with equal participation of all stakeholders. Rules, norms and principles 25. Voluntary, non-binding norms of responsible State use of ICTs can contribute to reducing risks to international peace and security. However, given the unprecedented threats in the ICT environment and the rapid pace of technological developments, there is a need to strengthen international efforts to develop binding rules that can help in maintaining peace and stability and promote an open, secure, stable, accessible and peaceful ICT environment. 26. Such rules should guide States in their use of ICTs in order to prevent conflict in the ICT environment, as well as the legitimization of the use of force and weaponization of this domain. 27. At the same time, they should avoid any undue restrictions on the peaceful uses of ICTs, international cooperation in this field or technology transfer, which could undermine economic and social 3/5

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