Czech Republic
Position paper on the application of international law in cyberspace
Introduction
The rapid development of cyber capabilities and increasing number of harmful cyber activities have
led States to address the question of how international law applies to cyberspace. The Czech Republic
is aware of the opportunities and threats arising from the technological progress in information and
communication technologies (ICTs) and fully endorses the international order based on international
law that promotes an open, secure, stable, accessible and peaceful ICT environment and encourages
responsible State behaviour in cyberspace. The Czech Republic considers international law to be a
fundamental element of the framework for responsible State behaviour in cyberspace, which is
essential to maintaining international peace and security, including in relation to cyber activities, and
reaffirms that international law, including the United Nations Charter in its entirety, is applicable to
State conduct in cyberspace and is essential to maintaining peace and stability in the ICT environment.1
The Czech Republic supports the ongoing international efforts to determine how international law
applies to cyberspace, including the work of the past and current UN Open Ending Working Group on
security of and the use of information and communications technologies (OEWG) and the past UN
Group of Govermental Experts on Advancing responsible State behaviour in cyberspace in the context
of international security (GGEs) and welcomes the growing number of national contributions of States
on how international law applies in cyberspace. The Czech Republic is therefore pleased to contribute
to these efforts, following several years of consultations between various governmental institutions,
reflecting the views of a wide range of States and other stakeholders, including the International
Committee of the Red Cross, and academic projects on the application of international law to cyber
operations, such as the Tallinn Manual, the Oxford Process and the Cyber Law Toolkit. The Czech
Republic believes that the expression of national positions on how international law applies to the
States activities in cyberspace will enhance international dialogue and further development of a
common understanding and consensus on lawful and acceptable State behaviour, and that such
statements can help reduce the risk of misunderstanding and escalation between States arising from
cyber activities.
In this position paper the Czech Republic sets out its current view on the application of certain
provisions of international law in cyberspace. The position paper in no way aims to offer an exhaustive
analysis, but is rather intended to express national position on certain relevant issues.
The position paper has been prepared in collaboration of the Ministry of Foreign Affairs of the Czech
Republic, the Ministry of Defence of the Czech Republic, and the National Cyber and Information
Security Agency and approved by the Committee for the Foreign Security Policy Coordination (CFSPC).
1
See also the Progress Report of the 2022 OEWG, A/77/275, Annex, para 2; 2021 OEWG report, UN Doc
A/75/816, Annex I, para 7; 2021 GGE report, UN Doc A/76/135, para 69, both later adopted by UNGA Resolution
A/RES/76/19; 2015 GGE Report, UN Doc A/70/174, para 24, adopted by UNGA Resolution A/RES/70/237 and
2013 GGE Report, UN Doc A/68/98*, para 19, adopted by UNGA Resolution A/RES/68/243.