INTERNATIONAL LAW
Paragraph 24 of the "pre-draft" confounds areas of international law (IHL, International
Human Rights Law, International Criminal Law) with its sources (custom), and by citing only one
source, suggests its precedence over others, such as treaty law and general principles of law.
Additionally, regarding the following sentence (on the issue of State responsibility), the
use of the term “applicable” would not be appropriate. The sentence could be replaced with the
following language, adapted from the draft Articles on State Responsibility of the ILC: "It was also
noted that every internationally wrongful act of a State entails the international responsibility of
that State, including in their use of ICTs".
Brazil attaches great importance to the language contained in paragraph 25, which
reaffirms the fundamental importance of IHL and recognizes its contribution to reducing risks
and potential harm to both civilians and combatants in the context of an armed conflict, as well
as underscores that IHL does not encourage militarization or legitimize conflicts in any domain,
including cyber.
In view of language already agreed in the previous GGEs on cybersecurity and in order to
avoid setbacks, Brazil encourages the inclusion of specific references to the principles of IHL
related to cybersecurity (humanity, necessity, proportionality and distinction) in paragraph 27.
Brazil also strongly supports the elements contained in paragraph 32, especially with
regard to the need for a common approach to the problem of attribution of cyber attacks, an
issue that deserves further development. In the view of Brazil, this is one of the crucial (and, at
the same time, one of the most contentious) points in the field of cybersecurity. The political and
technical complexities associated with attribution of responsibility for the use of cyber weapons
has no parallel in the regimes applicable to other categories of weapons, be they conventional or
of mass destruction.
RULES, NORMS AND PRINCIPLES OF RESPONSIBLE STATE BEHAVIOR
From the point of view of Brazil, the IT infrastructures underpinning electoral processes
also deserve the same protection accorded to the public core of the Internet (paragraph 38).