A/74/120
3.
(a)
Relevant international concepts aimed at strengthening global cybersecurity
Concepts related to preservation of international peace and security
In order to ensure an open, secure, stable, accessible and peaceful cyberspace,
France reaffirms its commitment to the applicability of international law, including
the Charter of the United Nations in its entirety, international humanitarian law and
international human rights law, to the use of information and communication s
technology by States.
Public international law
In its 2013 report, the Group of Governmental Experts on Developments in the
Field of Information and Telecommunications in the Context of International Security
set out the principles and rules of international law governing t he actions of States in
cyberspace. Even given the specific characteristics of cyberspace, such as anonymity
and the role of private actors, international law provides the means necessary to
responsibly control the behaviour of States in that environment. Failure of attribution
should therefore not pose an insurmountable obstacle to the implementation of
existing international law.
The principle of sovereignty applies to cyberspace. In this connection, France
reaffirms its sovereignty over information sys tems, individuals and cyberspacerelated activities on its territory, in accordance with its obligations under international
law. Unauthorized penetration of French systems or the generation of effects in
French territory through the use of cyberspace by a State entity or by non-State actors
acting under the direction or control of a State may constitute a violation of
sovereignty.
The scope of the measures that States can take to respond to a possible
cyberattack is a function of the seriousness of the attack: the more serious the
cyberattack, the wider the scope of the measures. A cyberoperation can be understood
as a use of force prohibited under paragraph 4 of Article 2 of the Charter of the United
Nations. Whether that threshold has been crossed is not a function of the means of
the cyberattack, but rather its effects. If its effects are similar to those of conventional
arms, a cyberoperation could constitute a use of force. In the view of France, if the
scope or impact of a major cyberattack perpetrated by a State, or by non-State actors
acting under the supervision or instruction of a State, reaches a sufficient threshold
(such as substantial loss of life, significant material damage, insufficient critical
infrastructure with significant consequences), and is attributable to a State, that could
constitute “armed aggression” under article 51 of the Charter and thus justify a claim
of self-defence. The right of self-defence could be exercised by conventional or
electronic means, if necessary and proportionate. The characterization of a
cyberattack as “armed aggression” under article 51 of the Charter is a political
decision to be made on a case-by-case basis in the light of criteria established by
international law.
France does not believe that it is necessary at this stage to establish a new
international legally binding instrument dedicated to the challenges of cybersecurity.
Existing international law applies to cyberspace, as it does to other spheres, and must
be respected.
International humanitarian law
France supports the application of international humanitarian law to
cyberoperations conducted in the context of and in relation to armed conflicts.
22/39
19-10580
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