State is presumed to include the obligation to exercise its capacity to influence the statesupported person or group of persons so as to prevent them from implementing such cyber
operations.
One characteristic of cyber operations is the difficulty of making judgment as to
attribution to a State. In this respect, the due diligence obligation may provide grounds for
invoking the responsibility of the State from the territory of which a cyber operation not
attributable to any State originated. It is possible at least to invoke the responsibility of
such a State for a breach of its due diligence obligation, even if it is difficult to prove the
attribution of a cyber operation to any State.
(5) Peaceful settlement of disputes, prohibition of the use of force, and the right to
self-defense
(a) Peaceful settlement of disputes
Any international disputes involving cyber operations must be settled through
peaceful means pursuant to Article 2(3) of the UN Charter. In addition, pursuant to
Article 33 of the UN Charter, the parties to any dispute involving cyber operations, the
continuance of which is likely to endanger the maintenance of international peace and
security, must first of all seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or arrangements, or other
peaceful means of their own choice. In order to ensure the peaceful settlement of
disputes, the powers of the Security Council based on Chapters VI and VII of the UN
Charter and the functions of the other UN organs, including ICJ based on Chapter XIV
of the UN Charter and the Statute of the International Court of Justice should be used
in disputes stemming from cyber operations.
(b) Prohibition of the use of force
Under certain circumstances, a cyber operation may constitute the threat or use of
force prohibited by Article 2(4) of the UN Charter. Pursuant to this article, all States
shall refrain in their international relations from the threat or use of force. The
Government of Japan presumes that as a general rule the threat of force refers to a
State's act of threatening another State by indicating its intention or attitude of using
force, without actually using force, unless its arguments or demands are accepted. The
obligation to refrain from the threat or use of force in international relations is an
important obligation relating to cyber operations.
(c) Right of self-defense
When a cyber operation constitutes an armed attack under Article 51 of the UN
Charter, States may exercise the inherent right of individual or collective self-defense
recognized under Article 51 of the UN Charter.
(6) International humanitarian law
International humanitarian law is also applicable to cyber operations.
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