Federal Department of Foreign Af f airs FDFA Directorate of International Law DIL Switzerland's position paper on the application of international law in cyberspace Annex UN GGE 2019/2021 Introduction In the context of the UN Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security 2019/2021 (UN GGE), the primary focus of states lies on the security-related aspects in the digital space (cybersecurity) and the applicable provisions under international law in this area.1 The use of the term 'cyberspace' in the present position paper therefore refers only to that part of the digital space which concerns the security dimension. Part I addresses quest ions concerning international law in general including human rights. Part II places particular emphasis on questions relating to international humanitarian law (IHL). Switzerland is committed to building and maintaining a free, open, secure and peaceful cyberspace, and to advancing the recognition, observance and enforcement of international law in this space.2 All states have a common interest in ensuring that cyberspace is governed by the rule of law and used for peaceful purposes only. Switzerland considers international law to be applicable to cyberspace. It therefore welcomes the consensus of previous UN GGEs that international law, and in particular the UN Charter in its entirety, are applicable to cyberspace3 – which was also approved unanimously by the UN General Assembly. 4 It also welcomes the OEWG 2019/2021 report of 18 March 2021, which confirms this consensus. 5 Switzerland views national positions of states as an important contribution to fleshing out the application of international law in cyberspace. This paper therefore gives an overview of Switzerland's position, but is neither exhaustive nor conclusive. Continuing intergovernmental 1 2 3 4 5 On Sw itzerland's w ork to establish an international regulatory framew ork in the digital space in general, refer to the Digital Foreign Policy Strategy (2021–24) and Annex 4 on the international rules and standards in particular (https://w ww.eda.admin.ch/dam/eda/en/documents/publications/Schw eizerischeAussenpolitik/20201104strategie-digitalaussenpolitik_EN.pdf ). See Sw itzerland's Foreign Policy Strategy 2021–23, Objective 4.4 and Sw itzerland's Digital Foreign Polic y Strategy 2021–24, Chapter 4.3. See Group of Governmental Experts on Developments in the Field of Information and Telecommunicat ions in the Context of International Security, 2013 Report (2013 Report, UN Doc. A/68/98, para. 19; 2015 Repor t (UN Doc. A/70/174), para. 24, para. 28 c). Resolution A/70/237. See Open-ended Working Group on Developments in the Field of Information and Telecommunications in the Context of International Security, 2021 report, para. 8, UN Doc. A/75/816.

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