A/77/92
Cyber Policy Portal in the near future. Australia commends the national survey to all
States and encourages States to consider also making their self -assessments publicly
available. Surveying implementation of United Nations recommendations provides
several benefits. Namely, States can identify how they have implemented the
framework, where gaps in implementation might exist and any barriers to
implementation. This in turn is likely to assist in developing targeted cooperation and
capacity-building programmes, which might be appropriate to overcome any gaps in
capacity and/or barriers to implementation identified.
International law
Australia encourages all States to continue to study and be transparent about
their positions on how international law applies to State behaviour in cyber space. We
reiterate that, even where views differ, developing understandings of each other’s
positions on how international law applies in cyberspace increases predictability and
reduces the risk of miscalculation, which can lead to escalation in States’ c onduct.
Australia further reiterates that international law is most effective when States
implement and adhere to their international legal obligations and, where necessary,
cooperate to uphold international law and ensure accountability for violations.
Australia welcomed the conclusions contained in the 2021 report of the Group
of Governmental Experts (A/76/135) that international humanitarian law applies to
cyberactivities in situations of armed conflict.
The position of Australia on how international law applies to State conduct in
cyberspace is presented in a series of documents:
• Australia’s 2021 submission contained in the official compendium of voluntary
national contributions on the subject of how international law applies to the use
of information and communications technologies by States submitted by
participating governmental experts in the Group of Governmental Experts
(A/76/136);
• 2021 international cyber and critical technology engagement strategy;
• 2020 case studies on the application of international law in cyberspace
(submitted to the Open-ended Working Group on Developments in the Field of
Information and Telecommunications in the Context of International Security);
• 2019 International Law Supplement;
• 2017 international cyberengagement strategy.
Further to the engagement of Australia in United Nations processes on how
international law applies in cyberspace, Australia also endeavours to engage in such
discussions in regional forums. In this regard, Australia delivered a statement at the
fifty-ninth session of the Asian-African Legal Consultative Organization on
international law in cyberspace in late 2021.
Deterrence and responses to irresponsible State behaviour
Australia does not tolerate activities in cyberspace that are detrimental to
international peace and stability or that are contrary to the framework, which has been
agreed by all States Members of the United Nations. Australia encourages the global
community to shine a light on malicious cyberactivity and hold the actors responsible
to account. Australia has a policy of publicly attributing malicious cyberactivity when
the source is known and when it is in our interests to do so. This policy is not directed
at any one country. To date, Australia has publicly attributed malicious cyberactivity
on 13 occasions. Most recently, on 10 May 2022, Australia joined the United States
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