A/76/187
Never before has the need for a global, free, open, secure, stable and peaceful
cyberspace been more evident than during the COVID-19 pandemic. ICTs enable the
communication, collaboration and knowledge-sharing that the world needs in order
to manage the pandemic.
Nonetheless, during the current COVID-19 crisis, we have witnessed that
malicious actors will take advantage of any opportunity, even a global pandemic. This
includes interfering with critical infrastructure, including hospitals essential in
combating the pandemic, and cyberenabled theft of intellectual property. Any attempt
to hamper the ability of critical infrastructures is unacceptable and can put people ’s
lives at risk. Denmark is particularly alarmed by the recent increase in activit ies
affecting the security and integrity of ICT products and services, which might have
systemic effects. This is unacceptable and must be strongly condemned by all States.
Moreover, States must exercise due diligence and take swift and firm action against
malicious ICT activity originating from their territory.
In addition, as recognized in previous reports of the Group of Governmental
Experts and the Open-ended Working Group, given the unique character of ICTs, the
approach taken by the United Nations and its Member States to addressing
cyberissues in the context of international security must remain technology -neutral.
This is consistent with the concept and with the acknowledgement by the United
Nations that existing international law applies to new are as, including the use of
emerging technologies.
How international law applies to the use of information and
communication technologies
Denmark strongly supports a multilateral system based on the rules -based
international order to deal with the existing and potential threats stemming from
malicious use of ICTs.
The international community has made it clear that cyberspace is firmly rooted
in existing international law, as the 2013 and 2015 consensus reports of the Groups
of Governmental Experts also attest. Denmark emphasizes that existing international
law, including the Charter of the United Nations in its entirety, international
humanitarian law and international human rights law, applies to States ’ behaviour in
cyberspace. Denmark is pleased that the General Assembly concluded this by
consensus earlier this year with the endorsement of the final report of the Open -ended
Working Group on Developments in the Field of Information and
Telecommunications in the Context of International Security. Now all Member States
have to live up to the commitment.
Sovereignty, non-intervention and the prohibition of the use of force are
fundamental principles of international law and States’ violation thereof may
constitute an internationally wrongful act, for which States may conduct
countermeasures and seek reparation under the rules of State responsibility. There is
still room for strengthening the common understanding and interpretation of these
fundamental principles, and Denmark supports the work of the Group of
Governmental Experts and the Open-ended Working Group, as well as other
international and regional initiatives such as a new programme of action to advance
responsible State behaviour in cyberspace, in pursuing this outcome.
Importantly, the principle of sovereignty should not be used by States to limit
or violate international human rights law within their own borders. Human rights law
is applicable online as well as offline and entails both a negative and a positive
obligation for States to respectively refrain from acts violating human rights and a
duty to ensure that people can exercise their rights and freedoms.
18/46
21-10045
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents