Czech Republic Position paper on the application of international law in cyberspace
the same rights that people have offline must also be protected online42 and States must uphold
their human rights obligations. Human rights instruments such as the International Covenant on
Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural
Rights (ICESCR), European Convention for the Protection of Human Rights and Fundamental
Freedoms and other relevant human rights treaties and customary international law based on the
Universal Declaration of Human Rights are applicable in cyberspace as they are in the physical
domain. The Czech Republic further reiterates the universality, indivisibility, interdependence and
interrelatedness of all human rights and fundamental freedoms.
49. Protection and promotion of human rights, both online and offline, is a longstanding priority for
the Czech Republic. The Czech Republic promotes international collaboration to maintain a free,
open, safe, secure and stable cyberspace where democracy, rule of law, and human rights and
fundamental freedoms apply. In international organizations and other platforms, the Czech
Republic promotes the human rights-based and human-centric approach to digital transition.
50. In the cyber domain, States must respect, protect and ensure human rights for all, including but
not limited to the right to privacy, the right to freedom of thought, conscience and religion, the
right to freedom of opinion and expression, including the right to seek, receive and impart
information, the right to freedom of peaceful assembly and association, the right to equality and
non-discrimination and the right to education, which are particularly relevant in the context of
cyberspace and digital technologies. Implications of new and emerging technologies,43 in particular
data-driven technologies, must be taken into account especially in the context of the right to
privacy, the right to freedom of opinion and expression and the right to freedom of peaceful
assembly and association as stipulated in the ICCPR.44
51. In some situations, the obligations to respect and ensure human rights can be restricted. The Czech
Republic recognizes that such restrictions must be provided by law, serve a legitimate purpose
(such as protecting the rights of others, or national security), be necessary to achieve that purpose
and be proportionate.45
State responsibility and Attribution
52. The customary international law on State responsibility, as reflected in the International Law
Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA),
applies to State behaviour in cyberspace.
42
Resolution of UN Human Rights Council, A/HRC/RES/38/7: The promotion, protection and enjoyment of human
rights on the Internet (5 July 2018), operative para. 1.
43
NATO, Emerging and disruptive technologies, 8 December 2022.
44
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations,
Treaty Series, vol. 999.
45
UN Human Rights Committee, ICCPR General Comment No. 34 (12 September 2011), paras 21-36.; See also
ICCPR General Comment No. 27 (1 November 1999), paras 14-16.
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