In this context, the Czech Republic calls attention to the recommendations of the UN Special
Rapporteur that call on states to ensure that any interference with the rights to freedom of
peaceful assembly and of association is “prescribed by law”. Furthermore, any restrictions
implemented on the grounds of “national security”, “public safety” or “protection of morals”
should be clearly and narrowly defined in law, so as to prevent their abuse by authorities.1
Finally, the Czech Republic recalls that the right to privacy, enshrined in Article 17 of the
ICCPR, is fully applicable in the digital sphere. States must demonstrate that any interference
with an individual’s privacy is both necessary and proportionate to address the specific
identified security risks. We see the role for a private sector here as well.
In this context, the Czech Republic calls upon all States to address cybersecurity concerns in
accordance with their international human rights obligations to ensure the protection of all
human rights online, in particular the three rights we just spoke of - freedom of opinion and
expression, freedom of association and the right to privacy.
I already mentioned yesterday that the Czech Republic welcomes initiative of Freedom Online Coalition and fully supports its recent Joint statement on Human Rights Impact of
Cybersecurity Laws, Practices and Policies approved at the summit in Accra last week.2
International Humanitarian Law
Third, the Czech Republic recognizes that International humanitarian law (IHL) applies to
cyber operations during armed conflicts, on the understanding that this neither encourages the
militarization of cyberspace, nor legitimizes cyber warfare, just as IHL does not legitimize
any other form of warfare.
It is essential to underline that IHL does not promote the militarisation of cyberspace. On the
contrary, it reduce its lawful military use by creating limits and requiring for all used means
and methods to be employed in accordance with its rules; including the principles of
humanity and distinction and the principle of proportionality.
In conclusion, Mr. Chair, we appreciate the opportunity to put our views on the record and
encourage States to further exchange views and practices in this regard.
1
Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association,
available at : https://daccess-ods.un.org/TMP/8211477.39887238.html
2
Freedom Online Coalition Joint Statement on Human Rights Impact of Cybersecurity Laws, Practices and
Policies, available at: https://freedomonlinecoalition.com/news/foc-issues-joint-statement-on-human-rightsimpact-of-cybersecurity-laws-practices-and-policies/