Czech Republic Position paper on the application of international law in cyberspace to which a State has recourse in order to fulfil its due diligence obligation must be compatible with international law, including human rights obligations applicable to cyber activities. The Czech Republic understands due diligence as an obligation of conduct, not of result, therefore, as long as a State takes all reasonable measures, in accordance with the due diligence obligation, it cannot be held responsible if it is unable to prevent, mitigate or terminate wrongful cyber activities launched from or in transiting through its territory. Thus, the due diligence obligation does not require preventive monitoring of all activities in cyberspace. Moreover, factors such as technological and financial resources and overall material capabilities of the State, in the particular circumstances of each case, have to be taken into consideration when evaluating the compliance with the due diligence obligation. 20. In line with the above, the Czech Republic would consider a manifest violation of the due diligence obligation as an internationally wrongful act against which the Czech Republic, as the injured State, could take response pertaining to the law of State responsibility. Peaceful Settlement of Disputes 21. The obligation of every State to settle their international disputes by peaceful means16 remains one of the fundamental provisions of the UN Charter and general international law, which also applies in cyberspace. 22. In case of disputes that may endanger the maintenance of international peace and security, States shall seek solutions through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice, as described in Article 33 (1) of the UN Charter. 23. The Czech Republic is of the view that the obligation to settle disputes peacefully does not preclude the right of States to take other measures in accordance with international law, including the UN Charter. Use of Force 24. The prohibition of the threat or use of force by a State against the territorial integrity or political independence of another State or in any other manner inconsistent with the Purposes of the United Nations, as contained in Article 2(4) of the UN Charter, is one of the core provisions of the 16 Article 2(3) and Article 33(1) of the UN Charter; Rule 65, p. 303 of the Tallinn Manual 2.0 on the international law applicable to cyber operations, 2nd edition, CUP, 2017. 7