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Importance of adherence to UN Charter principles and the UN Charter in its entirety. This
paragraph reflects the key recognition that a peaceful cyberspace is a common goal of all
States. Therefore, this important paragraph could be moved up.
Attribution: In line with our statements and the intervention of others at the OEWG, it is
our view that attribution is a national prerogative. We are convinced that the report would
provide a significant added value by referring to attribution as a process which takes into
account the technical characteristics of an attack, the wider context, the full range of
information gathering and the legal criteria as set out in the ILC Draft Articles on
Responsibility of States for Internationally Wrongful Acts. This process lays the basis for
political decision-makers to attribute an attack to a specific actor. We would therefore
welcome the explicit reference to “national prerogative” in this paragraph. Given the
multifaceted nature of attribution, it would make sense to mention the process of attribution
under "D: Rules, Norms and Principles for Responsible State Behaviour".
D. Rules, Norms and Principles for Responsible State Behaviour
Switzerland agrees that voluntary norms do not replace or - equally important - alter
international legal obligations. In our view, this is a key aspect that should be reflected clearly
throughout the report.
Para. 34
We believe the report should exercise prudence when describing discussions on topics outside
the OEWGs mandate.
Para. 36
In our view, while the documents mentioned in this paragraph were indeed mentioned by some
States over the course of the two OEWG sessions, they were not discussed or elaborated. We
would therefore suggest removing this paragraph.
Paras. 37, 38
As we have expressed over the course of the work of the OEWG, Switzerland is of the view
that voluntary norms reinforce international law and play an important role in preventing
conflict. At the same time, it is clear that the mere existence of voluntary norms alone does not
suffice to reach this goal; rather, respect and implementation of the existing voluntary norms
is key to preventing conflict. In our view, the OEWG should focus on providing guidance on
how existing norms can be operationalised. For example, proposals relating to the protection
of the public core of the internet, not to harm medical facilities, not to disrupt infrastructure
essential to political processes and relating to transnational critical infrastructure could in our
view provide valuable guidance to existing norms.
Also, Switzerland would be grateful for clarification on what is meant by “upgrading” of
voluntary norms. States have accepted to be guided by the 11 voluntary norms, as endorsed
by the General Assembly. Therefore, Switzerland supports proposals aimed at encouraging
the international community to reaffirm its commitment to international peace and security in
the use of ICTs.
E. Confidence-building Measures (CBMs)
Para. 43
Switzerland supports the assessment that the OEWG in itself is a CBM. The OEWG provides
an important space to strengthen collective implementation of the existing framework that
guides the responsible use of ICTs by States, as developed by past GGEs and endorsed by
the GA. We suggest that this paragraph is reformulated accordingly.
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