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United Nations and its agencies, the private sector, academia and civil society
organizations.
VI. How international law applies to the use of ICTs
24. The 2013 report stated that international law, and in particular the Charter of
the United Nations, is applicable and is essential to maintaining peac e and stability
and promoting an open, secure, stable, accessible and peaceful ICT environment.
Pursuant to its mandate, the present Group considered how international law applies
to the use of ICTs by States.
25. The adherence by States to international law, in particular their Charter
obligations, is an essential framework for their actions in their use of ICTs and to
promote an open, secure, stable, accessible and peaceful ICT environment. These
obligations are central to the examination of the application of international law to
the use of ICTs by States.
26. In considering the application of international law to State use of ICTs, the
Group identified as of central importance the commitments of States to the
following principles of the Charter and other international law: sovereign equality;
the settlement of international disputes by peaceful means in such a manner that
international peace and security and justice are not endangered; refraining in their
international relations from the threat or use of force against the territorial integrity
or political independence of any State, or in any other manner inconsistent with the
purposes of the United Nations; respect for human rights and fundamental
freedoms; and non-intervention in the internal affairs of other States.
27. State sovereignty and international norms and principles that flow from
sovereignty apply to the conduct by States of ICT -related activities and to their
jurisdiction over ICT infrastructure within their territory.
28. Building on the work of the previous Groups, and guided by the Charter and
the mandate contained in General Assembly resolution 68/243, the present Group
offers the following non-exhaustive views on how international law applies to the
use of ICTs by States:
(a) States have jurisdiction over the ICT infrastructure located within their
territory;
(b) In their use of ICTs, States must observe, among other principles of
international law, State sovereignty, sovereign equality, the settlement of disputes by
peaceful means and non-intervention in the internal affairs of other States. Existing
obligations under international law are applicable to State use of ICTs. States must
comply with their obligations under international law to respect and protect human
rights and fundamental freedoms;
(c) Underscoring the aspirations of the international community to the
peaceful use of ICTs for the common good of mankind, and recalling that the Charter
applies in its entirety, the Group noted the inherent right of States to tak e measures
consistent with international law and as recognized in the Charter. The Group
recognized the need for further study on this matter;
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