A/77/92
Union and its member States reiterate the applicability of ex isting international law
to State conduct in cyberspace, as recognized by the reports of the Group of
Governmental Experts in 2010, 2013, 2015 and 2021, as well as the principles
established in paragraph 71 (b) to (g) of the 2021 report and the Working Gro up.
International law, including international humanitarian law, which incorporates
the principles of humanity, distinction, precaution, military necessity and
proportionality, applies to State conduct in cyberspace and is wholly protective, by
setting clear boundaries for its legality, also in the context of conflict. The European
Union underlines that international humanitarian law is not an enabler of conflict;
rather, international humanitarian law delineates the rules governing military
operations to limit their effects, and in particular to protect civilian populations.
Furthermore, human rights and fundamental freedoms as enshrined in the
relevant international instruments must be respected and upheld equally online and
offline. The European Union and its member States welcome that these principles
have also been affirmed by the Human Rights Council 12 and the General Assembly,
as well as the Group of Governmental Experts and the Working Group.
For these reasons, the European Union and its member Sta tes do not call for the
creation of new international legal instruments for cyberissues at this stage,
emphasizing that more work needs to be undertaken to clarify how international law
applies to cyberspace.
The European Union and its member States reaffirm their support for continued
dialogue and cooperation to advance a shared understanding on the application of
existing international law to the use of ICT by States, as well as their support to efforts
to bring legal clarity on how existing international law applies, as it will contribute
to maintaining peace, preventing conflict and ensuring global stability.
We continue to support ongoing efforts to promote the application of existing
international law to cyberspace, including on exchanging informatio n and best
practices on the application of existing international law in cyberspace. We are
committed to continuing to report on national positions on how international law
applies to the use of ICT by States, as it promotes transparency and advances globa l
understanding of national approaches, which is fundamental to maintaining long -term
peace and stability and reduces the risk of conflict through acts in cyberspace. Further
focus should be placed on raising awareness and capacity-building on the
applicability of existing international law as a means of promoting stability and
preventing conflict in cyberspace.
Norms, rules and principles for the responsible behaviour of States
The European Union and its member States encourage all States to build on and
advance the work repeatedly endorsed by the General Assembly, notably in its
resolution 76/19, as well as to advance implementation of these agreed norms and
confidence-building measures, which play an essential role in conflict prevention.
The European Union and its member States are and will be guided in their use
of ICT by existing international law, as well as through adherence to voluntary,
non-binding norms, rules and principles of responsible State behaviour and their
implementation in cyberspace, as articulated in successive reports of the Group of
Governmental Experts in 2010, 2013, 2015 and 2021. The continuation of an inclusive
and constructive dialogue within the working group ___________ is welcome to
further deepen the discussions on this framework and on the security challenges
related to the use of ICTs. We believe that a practical way forward should encourage
__________________
12
22-08761
See Human Rights Council resolution 20/8.
33/34
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