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carried out in cyberspace; cyber operations and the use of force; the application of international
human rights law, the role of private stakeholders; and international cooperation in cyberspace.
With specific regard to the use of force, while reaffirming the general principles and validity of
both jus ad bellum and jus in bello in cyberspace, Italy underlines that International
Humanitarian Law (IHL) is restrictive as it aims at limiting the belligerents’ conduct which
negatively affects civilians and civilian objects in an armed conflict. Therefore, the recognition
of its applicability to cyberspace does not amount to encouraging or allowing the use of force
as an instrument of aggression and/or as a means for the settlement of international disputes.
I.
The protection of sovereignty in cyberspace and violations of the principle of nonintervention
Italy attaches fundamental importance to the application of the principle of sovereignty to
cyberspace, including its ancillary rules, such as the right to internal self-determination. Italy
considers that both the internal and external aspects of sovereignty apply in cyberspace.
The principle of sovereignty is a primary rule of international law, the violation of which
amounts to an internationally wrongful act. Italy considers that the principle in question
prohibits a State from conducting cyber operations, which produce harmful effects on the
territory of another State, irrespective of the physical location of the perpetrator. Italy finds that,
according to the same principle, a State may not conduct cyber operations from the territory of
another State without its express authorization. This is without prejudice to situations of distress
where the state of necessity entails the applicability of a different discipline.
Each State’s exclusive jurisdiction over the physical, social and logical layers of cyberspace
located on its territory may be exercised within the limits imposed by international law,
including international obligations deriving from diplomatic privileges and immunities and
those arising from human rights obligations.
Responses to violations of sovereignty should be assessed on a case-by-case basis taking into
account the nature and consequences of each violation.
Italy believes that cyber operations constitutes a violation of the customary principle of nonintervention in the internal affairs of other States when a State employs coercive means to