proposed several ways to share their national views, including utilizing the annual report of the
Secretary-General on developments in the field of information and telecommunications in the context
of international security or the creation of a global repository of State practice in the application of
international law. During discussions, the progress made in regional and other arrangements to
exchange views and develop common understandings on how international law applies was also
highlighted.
31. In addition, it was proposed that guidance notes could be developed to enhance common
understanding on how existing international law applies to the use of ICTs by States, taking into
consideration the specific characteristics of the ICT domain.
32. From the perspective of maintaining peace and preventing conflict, it was noted that greater focus
could be placed on adherence to key Charter principles such as the settlement of disputes by peaceful
means and refraining from the threat or use of force. In this context, States recalled existing
mechanisms for the settlement of disputes, including the Security Council and the International Court
of Justice. It was suggested that developing a common approach to attribution at the technical level
could lead to greater accountability, transparency, and could help support legal recourse for those
harmed by malicious acts.
33. In order for all States to participate on an equal footing in discussions on how international law applies
to the use of ICTs by States, it was stressed that there was a need for additional efforts to build
capacity in the areas of international law, national legislation and policy.
D. Rules, Norms and Principles for Responsible State Behaviour
Voluntary, non-binding norms reflect the expectations of the international community regarding the
behaviour of States in their use of ICTs. They play an important role in increasing predictability and
reducing risks of misperceptions, thus contributing to the prevention of conflict. Norms do not replace
States’ obligations under international law, but rather provide additional specific guidance on what
constitutes responsible State behaviour in the use of ICTs. In 2015, the General Assembly agreed by
consensus that all States should be guided in their use of ICTs by the 2015 report of the Group of
Governmental Experts, which sets out 11 voluntary, non-binding norms of responsible State behaviour.
Alongside international law, voluntary non-binding norms complement confidence-building and capacitybuilding measures and related efforts to promote an open, secure, stable, accessible and peaceful ICT
environment.
34. In their discussions at the OEWG, States reiterated that voluntary, non-binding norms of responsible
State behaviour are consistent with international law and with the purposes and principles of the
United Nations, including to maintain international peace and security and the promotion of human
rights. States affirmed that norms play an important role in preventing conflict. States highlighted that
norms should not hinder innovation for peaceful purposes and the economic development of States.
States also stressed the interlinkages between norms, confidence-building and capacity-building, and
urged that gender perspectives be mainstreamed into norm implementation.
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