was responding to an ICT attack with conventional weapons, thus
legitimizing this misguided and unacceptable approach.
It is our hope that, on the issue of international law, the final and
consensually negotiated report will include the different considerations
of the members of the OEWG on the matter. However, the initial predraft does not. The text presented by the Chair states unequivocally
that “existing international law, complemented by the voluntary, nonbinding norms that reflect consensus among States, is currently
sufficient for addressing State use of ICTs”. This view was submitted,
even though multiple members of the OEWG have stressed the need
to negotiate and adopt a multilaterally binding framework tailored
specifically to State use of ICTs, in the context of international
security. We strongly consider that the only possible way to fulfill these
“legal vacuums” is to initiate an inclusive and democratic negotiation
process that leads to the adoption of a new legally binding instrument,
which would complement existing international law.
We were pleased to find that the initial pre-draft included several of the
proposals of new norms submitted or expressed by States in the
context of the OEWG. In this sense, we would see particularly fit, the
inclusion of some of the other norms that were suggested. For
instance, that States should exercise jurisdiction over the ICT
infrastructure, resources as well as ICT-related activities within their
territories (State sovereignty in cyberspace) (China); that the use of
ICTs remains exclusively for peaceful purposes (Iran), that it is
necessary to ensure the integrity of supply chains (China and Iran) and
that there is a need to prevent the militarization of digital space, which
is one of our proposals. Moreover, we would also appreciate the
inclusion of the norms contained in resolution 73/27 of the United
Nations General Assembly, in the pre-draft. These norms already enjoy
the support and approval of the majority of the UN members.
We also welcomed the inclusion of the proposal of a global directory of
Points of Contact (PoC) in the draft. Cuba echoed this proposal during
the first substantive meeting, as well as in its written contribution to the
OEWG since we consider that the PoC directory would be a useful
tool, particularly in matters of assistance and coordination between
governments and CERTS (Cybersecurity Emergency Response
Teams).