A/74/120
The principle of due diligence
A shared understanding is essential at the international level regarding the
obligations of States whose infrastructure is suspected of being used malicious ly
against the interests of another State. The aim is to clarify the application of the
principle of due diligence, which provides that every State has an obligation “not to
allow knowingly its territory to be used for acts contrary to the rights of other States ”8,
to the online domain. Accordingly, States should not knowingly allow their territory
to be used for acts committed by electronic means proscribed by international law or
allow such territory to be used by non-State intermediaries (proxies) to violate
international law. A better understanding of how the principle applies to electronic
challenges would strengthen cooperation among States with respect to protecting
certain critical infrastructure and eliminating major cyberattacks transiting via a third
country.
(b)
Concept of reinforcing cooperation and trust among States
Norms of behaviour
The various rounds of negotiations conducted within the framework of the
Group of Governmental Experts have led to tangible progress in the international
regulation of cyberspace. In its 2015 report, 11 norms of responsible behaviour for
States in cyberspace are outlined. France believes that each State must respect those
norms and develop mechanisms for their implementation. Other norms, applicable to
the behaviour of States or to other actors in cyberspace, could also be developed in
the future.
Confidence-building measures
Efforts made in various forums and regional organizations to develop
confidence-building measures on cybersecurity need to be strengthened. France will
continue to encourage its partners to adopt interministerial procedures to ensure
effective communication among States in times of crisis. The development of
procedures and mechanisms based on transparency and communication are essential
to conflict prevention in cyberspace.
Capacity-building
France supports the strengthening of international cybersecurity capacity, which
directly enhances the security of all and the stability of cyberspace. France will play
its full part in these efforts through capacity-building initiatives undertaken at the
bilateral, regional and multilateral levels.
(c)
Role and responsibility of non-State actors
Multi-stakeholder approach
In the Paris Call for Trust and Security in Cyberspace, France stressed “the
necessity for a strengthened multi-stakeholder approach”. France believes that civ il
society, academia, the private sector and the ICT community possess expertise and
resources useful for developing aspects of relevant cybersecurity policies.
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24/39
Corfu Channel case, Judgment of April 9th, 1949, I.C.J. Report s 1949, p. 4.
19-10580
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