A/76/136 Peaceful settlement of disputes It is an obligation for states to settle their international disputes that endanger international peace and security by peaceful means. As outlined in the UN Charter, possible solutions to settle disputes between states include negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, and other internationally lawful action. In accordance with the UN Charter Chapter VI, the UN Security Council may also call upon the parties, when it deems necessary, to settle their dispute by such peaceful means. In specific cases with respect to cyber activities endangering international peace and security, the other powers and responsibilities of the UN Security Council outlined in the UN Charter may be exercised in order to maintain and restore international peace and security. The obligation to seek peaceful settlement of disputes does not preclude a state’s inherent right for self-defence in response to an armed attack, the right for taking lawful countermeasures, or other lawful action. Retorsion Retorsions may be taken as a response to malicious cyber operations as long as they are not in violation with international law. Retorsions will remain as measures for a state to respond to unfriendly acts or violations of international law, which by themselves do not constitute a countermeasure. States have the right to apply these measures as long as they do not violate obligations under international law. These measures could, for example include the expulsion of diplomats or applying restrictive measures to officials of a third country such as asset freezes or travel bans. One example of such a mechanism would be the European Union’s cyber sanctions regime and cyber diplomacy toolbox, which offer an array of measures that could be taken as a response to malicious cyber operations. 50 Countermeasures If a cyber operation does not reach the threshold of armed conflict but nonetheless constitutes a violation of international law, states maintain the right to take countermeasures, in accordance with the law of state responsibility. Countermeasures have strict legal criteria – an injured state may only take countermeasures against a state that is responsible for an internationally wrongful act in order to induce the given state to comply with its international obligations. This means that under certain circumstances, an injured state has the right to take measures that would normally violate international customary law or international treaties, but __________________ 50 21-09670 Draft Council of the European Union Conclusions on a Framework for a Joint EU Diplomatic Response to Malicious Cyber Activities (“Cyber Diplomacy Toolbox”) (2017): https://data.consilium.europa.eu/doc/document/ST-9916-2017-INIT/en/pdf; Council of the European Union Decision concerning restrictive measures against cyber-attacks threatening the Union or its Member States (2019): https://data.consilium.europa.eu/doc/document/ST-72992019-INIT/en/pdf 29/142