2.
o
Broad understanding on the application of international law in cyberspace;
o
Greater understanding on the technical capacities for attribution of responsibility for
cyberattacks;
o
Achieve consensus with regard to the institutionalisation of a regular dialogue in the
framework of OEWG and GGE.
Specific comments on the different sections of the document
Section A “Introduction”:
o Para. 9: We particularly support the recognition that narrowing the digital gap
is an urgent priority for the international community and that should be
mainstreamed through the all the chapters of the group´s agenda.
o Para. 13: This paragraph states that sections B-G “reflect the substantive
discussions of the OEWG and its recommendations”. Hence, it would be
important to clarify the scope of section H and distinguish which of the paragraphs
from section B-G are descriptive and which are prescriptive or contain
recommendations.
Section B “Real and potential Threats”:
o Para. 16: We strongly support the notion that the lack of capacity is a threat in
itself.
Section C “International Law”:
o Para. 20: We share the emphasis on the notion that solutions will be more
effective and long-lasting if they are inclusive and all the actors of the international
community contribute to them.
o Para. 27: We consider that for clarity it would be better to divide this paragraph
into two independent paragraphs. This is due to the fact that as it stands now it
refers to a variety of questions related to the application of international law that
deserve a differentiated treatment. It is proposed that a first paragraph refers to
the clarifications that are needed as regards to what kind of ICT-related activity
might be interpreted by other States as a threat or use of force (Art. 2(4) of the
Charter) or might give a State cause to invoke its inherent right to self-defence
(Art. 51 of the Charter). It is also understood that these are the questions that
should be addressed with prudence.
A second and separate paragraph should refer to the additional clarifications that
may be required on the application of Humanitarian International Law principles
to cyberoperations in the context of armed conflicts.
o Para 32: We strongly support the notion that it is necessary to work towards
developing common approaches regarding attribution at a technical level, which
would contribute to transparency, accountability and responsible behaviour,
enhance deterrence and could provide grounds for legal action by victims of
malicious cyber activities.