Czech Republic Position paper on the application of international law in cyberspace with other types of response, such as countermeasures, if the legal conditions for such measures are met. 60. The Czech Republic is of the view that retorsion can be of both cyber and non-cyber nature. Examples include imposing visa restrictions, suspension of treaty negotiations, recalling a head of diplomatic mission, severance of diplomatic relations or economic measures such as import or export restrictions (unless the State has a specific obligation prohibiting it from doing so). Retorsion can be taken jointly by several States if none of the participating States has a legal obligation to refrain from that particular response. Circumstances Precluding Wrongfulness 61. The Czech Republic recognises that wrongfulness of a cyber activity is precluded in the case of consent, self-defence, countermeasures in respect of internationally wrongful act, force majeure, distress or necessity. 62. Countermeasures are measures that are taken by an injured State against a State which is responsible for an internationally wrongful act, that would normally constitute a violation of an obligation under international law, but the wrongfulness of which is precluded as they are conducted in response to an ongoing internationally wrongful act committed by another State.51 Conditions relating to resort to countermeasures are set forth by customary international law, as reflected in ARSIWA. 63. The Czech Republic recognises that the purpose of countermeasures is to induce the State that committed an internationally wrongful act to comply with its obligations under international law.52 The ultimate goal of countermeasures is to attain the cessation of the violation of international law and reparation of the injury suffered. Other purposes, such as retribution or retaliation, do not constitute a ground for a lawful use of countermeasures. 64. The Czech Republic reserves its right to respond to cyber-related violations of international law obligations attributable to other States, in form of actions or omissions, by undertaking countermeasures, which can be carried out via both cyber and non-cyber means. States may respond with both traditional countermeasures, such as trade embargoes and financial sanctions, and cyber-enabled countermeasures, i.e., adverse cyber operations consisting in the nonperformance for the time being of international obligations towards the responsible State. 65. Countermeasures shall be, as far as possible, reversible, shall not amount to the level of the threat or use of force and must be in compliance with other peremptory norms of international law, obligations for the protection of fundamental human rights, international humanitarian law prohibition on reprisals, applicable obligations under dispute settlement procedures and diplomatic and consular inviolability. They must be temporary and proportionate, i.e., commensurate with the injury suffered, taking into account the gravity of the internationally 51 52 See Article 22 ARSIWA. See Article 49 para. 1 ARSIWA. 15