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
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