A/76/136
(GGE) consensus reports 45 and reaffirmed by the OEWG consensus report. 46 The
current rules are technologically neutral and underline that state behaviour and the
deployment of new transformative technologies do not change the applicability of
international law.
States should strive to deepen a common understanding of how international
law applies in cyberspace, alongside its possible implications and legal consequences.
It is important to analyse how existing rules apply before discussing the need for any
new agreement. Estonia sees notions for a new legally binding instrument as
premature. From our perspective, current legal measures are sufficient to offer
guidance on responsible state behaviour in cyberspace.
The 2013 and 2015 GGEs made substantive progress in terms of discussions on
relevant legal rules and principles. In order to maintain peace and stability and
promote an open, secure, peaceful and accessible cyberspace, we reiterate the
following non-exhaustive elements: international law, including the UN Charter in its
entirety, applies to state conduct in cyberspace, noting the principles of humanity,
necessity, proportionality and distinction as well as respect for human rights and
fundamental freedoms; states must meet their international obligations regarding
internationally wrongful acts attributable to them under international law; states must
not use proxies to commit internationally wrongful acts using ICTs, and should seek
to ensure that their territory is not used by non-state actors to commit such acts; states
must observe, among other principles of international law, sovereignty, sovereign
equality, the settlement of disputes by peaceful means and non-intervention in the
internal affairs of other States; the inherent right of States to take measures consistent
with international law and as recognized in the Charter.
Alongside international law, voluntary, non-binding norms of responsible state
behaviour can help prevent conflict in the ICT environment, reduce risks to
international peace, security and stability and provide essential guidance for
responsible state behaviour in cyberspace. Estonia underlines the importance of
adhering to the set of voluntary non-binding norms reaffirmed in the UN General
Assembly resolution 70/237. Together with confidence-building measures and
capacity building measures, international law and norms constitute the framework for
responsible state behaviour in cyberspace. We highlight that norms do not replace or
alter States’ obligations or rights under international law.
The paper first provides an overview of state obligations, followed by our
position on state responsibility and attribution, and concludes with possible response
options.
I.
Obligations of states
Respect for sovereignty
Sovereignty as a fundamental principle of international law applies in
cyberspace.
The 2013 and 2015 GGE consensus reports underscore that sovereignty and the
international norms and principles that flow from it apply to state conduct of ICTrelated activities. In addition, the 2013 GGE emphasised the importance of
international law, the Charter of the UN and the principle of sovereignty as the basis
for the use of ICTs by states.
__________________
45
46
24/142
A/68/98*, adopted by UN General Assembly resolution A/RES/68/243; A/70/174, adopted by UN
General Assembly resolution A/RES/70/237
A/75/816, adopted by UN General Assembly Decision A/DEC/75/564
21-09670
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