IRELAND POSITION PAPER ON THE APPLICATION OF INTERNATIONAL LAW IN CYBERSPACE Introduction 1. International law, including the Charter of the United Nations, applies in cyberspace. This has been acknowledged in two processes established by the United Nations General Assembly, namely the Group of Governmental Experts on advancing responsible state behaviour in cyberspace in the context of international security (GGE) as well as the Open-ended Working Group on security of and in the use of information and communications technologies (OEWG). 2. Ireland has published the present paper as a contribution to discussions at UN level, particularly in the context of its participation in the OEWG, aimed at developing a better shared understanding of how international law applies in cyberspace. It is hoped that these discussions will contribute to promoting responsible state behaviour in cyberspace and a more stable, secure, open, accessible and peaceful cyber environment with international law and the rules-based international order at its centre. 3. This paper does not by any means purport to offer an exhaustive or comprehensive analysis; rather it is aimed at providing a reasonably concise expression of Ireland’s national position on some of the more relevant issues arising. Principle of Sovereignty 4. State sovereignty and international norms and principles that flow from sovereignty apply to the conduct by states of ICT-related activities and to their jurisdiction over ICT infrastructure within their territory.1 The principle of state sovereignty encompasses the concepts of territorial integrity and territorial authority, the independence of state powers, and the equality of states in the international order. A state enjoys a right to exercise jurisdiction in terms of regulation, adjudication and enforcement in relation to cyber infrastructure as well as persons engaging in cyber activities on its territory. A state may also be entitled, in limited circumstances, to exercise extraterritorial jurisdiction in accordance with international law. 5. The International Court of Justice (ICJ) in the Nicaragua case noted that “the principle of respect for state sovereignty […] is closely linked with the principles of prohibition of the 1 A/70/174 Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, Report (22 July 2015), [27].

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