CONSIDERATIONS ON THE INITIAL PRE-DRAFT OF THE OPEN-ENDED WORKING GROUP (OEWG) ON DEVELOPMENTS IN THE FIELD OF INFORMATION AND TELECOMMUNICATIONS IN THE CONTEXT OF INTERNATIONAL SECURITY First and foremost, we would like to thank, Ambassador Jürg Lauber, chair of the United Nations Open-Ended Working Group (OEWG) on developments in the field of information and telecommunications in the context of international security, for this initial pre-draft. We believe that it can be constructively improved, and to that end, Cuba would like to submit its considerations to this, the starting point of the OEWG report, which is to be consensually approved in the future. We noted with satisfaction that the pre-draft includes the concerns raised about the gaps in resilience and high level of vulnerability, including critical infrastructure that many countries face. On the issue of existing and potential threats, we were equally pleased to note that the report presents a tech-neutral approach and that in this sense, it focuses on State behavior, rather than technologies. However, we underline the need to include as another major threat to the development of a peaceful ICT environment, the current and insufficient regulation of private sector activities in the field of ICTs. In this regard, we would like to further stress the central role that the United Nations and its specialized agencies must play in the regulation of the use of these new technologies. It is also our belief that there should be specific recognition of the fact that malicious use of ICTs could have a detrimental impact on Member State’s critical infrastructure, national security, social affairs, and systems, as well as the economy. We noted with grave concern that the initial pre-draft recognizes, in multiple instances, the automatic applicability of the United Nations Charter in its entirety. It is our belief that, while the principles and purposes enshrined in the Charter are indeed applicable to the ICTs’ security dimension; article 51 of the Charter, which legitimizes the right of self-defense, cannot be automatically applied in the event of a cybersecurity incident, nor be used to justify a conventional attack in response. The recognition of the applicability of the "right to selfdefense" under Article 51 and the rules for participation in military

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