24. States had an interactive exchange of views on the relevance and applicability of specific bodies of
law to the international security dimension of ICTs, including international humanitarian law,
international human rights law, international criminal law, as well as international customary law. It
was also noted that the responsibilities of States with regard to internationally wrongful acts are
applicable to their use of ICTs.
25. During the exchange, it was noted that international law is the foundation for stability and
predictability in relations between States. In particular, international humanitarian law reduces risks
and potential harm to both civilians and combatants in the context of an armed conflict. At the same
time, States underscored that international humanitarian law neither encourages militarization nor
legitimizes conflict in any domain.
26. During the discussion the view was expressed that existing international law, complemented by the
voluntary, non-binding norms that reflect consensus among States, is currently sufficient for
addressing State use of ICTs. It was noted that efforts should therefore be directed to reaching
common understanding on how the already agreed normative framework applies and can be
operationalized.
27. At the same time, during the discussion, it was also noted that there may be a need to adapt existing
international law or develop a new instrument to address the unique characteristics of ICTs. In
particular, it was highlighted that certain questions on how international law applies in the use of ICTs
have yet to be fully clarified. Such questions include, inter alia, what kind of ICT-related activity might
be interpreted by other States as a threat or use of force (Art. 2(4) of the Charter) or might give a State
cause to invoke its inherent right to self-defence (Art. 51 of the Charter). They also include questions
relevant to how the principles of international humanitarian law, including the protection of civilians
and civilian objects, apply to ICT operations in the context of armed conflict. In this regard, it was
noted that the issue of the applicability of international humanitarian law to the use of ICTs by States
needed to be handled with prudence.
28. In this context, proposals were made for the development of a legally binding instrument on the use
of ICTs by States as the quickly evolving nature of the threat environment and the severity of the risk
necessitates a stronger, internationally agreed framework. It was noted that such a binding
framework may lead to more effective global implementation of commitments and a stronger basis
for holding actors accountable for their actions.
29. It was suggested that while existing bodies of international law do not include specific reference to
the use of ICTs in the context of international security, international law can develop progressively in
this regard. Developing complementary binding measures concurrently with the implementation of
norms was also proposed. A politically binding commitment4 with regular meetings and voluntary
State reporting, was also suggested as a possible middle ground approach.
30. States proposed that a first step to further develop common understandings could be increased
exchanges on their interpretation of how international law applies to the use of ICTs by States. States
4
An example of such a politically binding commitment is the 2001 UN Programme of Action to Prevent, Combat
and Eradicate the Illicit Trade in Small Arms and Light Weapons (PoA) is a globally agreed framework for activities
to counter the illicit trade in small arms and light weapons. See
https://www.un.org/disarmament/convarms/salw/programme-of-action/.
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