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compel another State to undertake or desist from a specific action, in matters falling under its
domain réservé.
The accelerating pace of technological change, the unpredictable effects of its applications, as
well as the difficulty to measure the coercive impact of influence activities, which are on the
rise, cannot be overlooked. Therefore, Italy sees merit in continuing to deepen the study of
possible violations of the principle of non-intervention in cyberspace. That is particularly the
case with regard to influence activities aimed, for instance, at undermining a State’s ability to
safeguard public health during a pandemic, or at manipulating voting behaviour.
II.
The application of the Law of States Responsibility to activities in the cyberspace
a) Attribution
Attributing responsibility of cyber activities is a complex matter which has led to different
approaches across the international community. Italy sees merit in contributing to the
international law debate on the matter.
Italy deems that attribution is a national sovereign prerogative and so is the decision to make it
public or not, on a case-by-case basis.
Italy is aware that attribution entails technical, legal and political considerations. With regard
to the attribution of cyber wrongful acts by States, Italy considers that any attribution should be
based on a sufficient level of confidence on the source of the cyber activities in question and
on the identity of the actor(s) responsible. Although under international law there is no general
obligation thereto, Italy stresses the importance of transparency: attribution of cyber wrongful
activities should therefore be reasonable and credibly based on factual elements related to
relevant circumstances of the case. This would be especially required should attribution become
part of international courts and/or arbitration proceedings, with the exception of States’
classified information.
Italy concurs with the view that attribution of cyber wrongful acts from one State to another is
governed by the general rules of international law on the attribution of State conduct as codified
by the International Law Commission (ILC) Articles on the Responsibility of States for