On the Application of International Law in Cyberspace
Position Paper∗ – March 2021
I. Introduction
Cyber activities have become an integral part of international relations. The vast
interconnectedness of networks, technologies and cyber processes across borders has
brought societies and individuals from different nations closer together and has opened up
new opportunities for cooperation among both State and non-State actors. At the same
time, States and societies have grown highly dependent on the functioning of IT
infrastructures. This has created new vulnerabilities. In cyberspace, only limited resources
are often needed to cause significant harm. This poses security threats for States and
societies. Harmful cross-border cyber operations, both by State and non-State actors, can
jeopardize international stability.
Germany is firmly convinced that international law is of critical importance when dealing
with opportunities and risks related to the use of information and communication
technologies in the international context. As a main pillar of a rules-based international
order, international law as it stands provides binding guidance on States’ use and regulation
of information and communication technologies and their defence against malicious cyber
operations. In particular, the UN Charter fulfils a core function with regard to the
maintenance of international peace and security – also in relation to cyber activities. In this
regard, Germany reemphasizes its conviction that international law, including the UN
Charter and international humanitarian law (IHL), applies without reservation in the
context of cyberspace. 1
This paper discusses selected aspects of the interpretation of certain core principles and
rules of international law in the cyber context.2 Germany thereby aims to contribute to the
ongoing discussion on the modalities of application of international law – most of which
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The position paper has been prepared by the German Federal Foreign Office and the German Federal Ministry of
Defence in cooperation with the German Federal Ministry of the Interior, Building and Community.
See also United Nations Group of Governmental Experts on Developments in the Field of Information and
Telecommunications in the Context of International Security, report of 24 June 2013, UN Doc. A/68/98, para. 19
and cf. report of 22 July 2015, UN Doc. A/70/174, paras. 24, 25; General Assembly resolution 70/237,
Developments in the field of information and telecommunications in the context of international security, UN
Doc. A/RES/70/237, 30 December 2015.
The choice of rules and principles discussed is necessarily selective and no conclusions regarding Germany’s legal
position can be drawn from any actual or perceived omission to mention certain rules, principles, criteria or legal
considerations.
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