Switzerland's position paper on the application of international law in cyberspace exchange at multilateral level remains key in order to continue to clarify how international law is applicable to cyberspace in concrete terms. A definitive assessment of a cyber incident in terms of international law is only possible when the concrete circumstances are known. This means interpreting and applying the rules set out below in each individual case. Of particular importance to the context of cybersecurity are namely the rules of international law described below. I. General international law 1. Peaceful settlement of disputes In accordance with Art. 2 para. 3 and Art. 33 of the UN Charter, disputes which may endanger the maintenance of international peace and security should be settled by peaceful means. This includes diplomatic proceedings, arbitration or recourse to the International Court of Justice (ICJ). As a neutral country with long-standing experience and engagement in the provision of good offices, Switzerland is committed to upholding this principle in cyberspace, emphasising the overriding aim of ensuring that cyberspace is used for peaceful purposes only. Switzerland therefore welcomes the UN GGE's 2015 report and the OEWG 2019/2021 report confirming the peaceful settlement of disputes as one of the UN Charter's central principles, which is also applicable to cyberspace. Consequently, disputes in cyberspace should also be settled by peaceful means, not with unilateral measures. 2. Sovereignty Sovereignty is a foundational principle of international law. It refers to a state's jurisdiction to define, apply and enforce its own legal order, which in principle is limited to its territory. At interstate level however, sovereignty implies an independent and equal co -existence among states. Respect for and protection from interference with territorial integrity is a product of state sovereignty.6 Accordingly, each state is obliged to respect the sovereignty of other states. 7 Sovereignty is a binding primary rule of international law. Violations of sovereignty are therefore considered internationally wrongful acts which, if attributable to the state itself, give rise to state responsibility. State sovereignty is also applicable to cyberspace. 8 Owing to the special characteristics of cyberspace, which has no clear territorial boundaries, putting the principle of sovereignty into practice is a particular challenge. One major issue is who has jurisdiction over or access to digital data. In the cyber context, the key question is which states have legitimate control over digital data and are authorised to access that data – which may, depending on the circumstances, be stored on a different territory or may not be localised geographically. Conversely, in terms of interstate relations at cybersecurity level, the principle of sovereignty provides wide scope for protection against cyber operations. For example, state sovereignty protects information and communication technologies (ICT) infrastructure on a state's territory against unauthorised intrusion or material damage. This includes the computer networks, 6 7 8 Arbitration aw ard in the Island of Palmas case, 1928, p. 838; the Sw iss Federal Constitution recognises state sovereignty under international law on the basis of independence, granting the state exclusive jurisdiction to make and enforce law w ithin its territory (Art. 2 para. 1). Military and Paramilitary Activities in and against Nicaragua, ICJ Reports 1986, para. 292. UN GGE 2013 Report, para. 20; UN GGE 2015 Report, paras. 27 and 28 b). 2/11

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