in their international relations from the threat or use of force against the territoria l integrity or
political independence of any State, or in any other manner inconsistent with the purposes of the
United Nations; States’ inherent right to individual or collective self-defense; respect for human
rights and fundamental freedoms; and non-intervention in the internal affairs of other States.5
29. It was recalled that international law, including the prohibition on the use of force, is the
foundation for stability and predictability in relations between States. In particular,
iInternationalinternational humanitarian law reduces risks and potential harm to both civilians
and civilian objects as well as combatants in the context of an armed conflict. At the same
time, States underscored that international humanitarian law neither encourages militarization
nor legitimizes resort to conflict in any domain.
Commented [A6]: Transfer para 29 to conclusions section
if discussion sections are deleted
30. It was also noted that under customary international law, the rights and responsibilities of
States with regard to internationally wrongful acts extend to their use of ICTs. It was recalled
that 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 acting on the instruction
or under the control of a State to commit such acts. The responsibility of States will be
internationally responsible for conduct of their organs and of persons or entities exercisin g
elements of governmental authority, as well as conduct which they otherwise direct or control.
s was also noted regarding entities owned by or under the control of the State.
Commented [A7]: Transfer para 30 to conclusions section
if discussion sections are deleted
31. States recalled that the indication that an ICT activity was launched or otherwise originates
from the territory or the ICT infrastructure of a State may be insufficient in itself to attribute the
activity to that State and that accusations of organizing and implementing wrongful acts brought
against States should be substantiated [Para recalls previous conclusions; however, as this is an
issue of importance to many states, it could be added to end of existing para 30 (as amended)
and moved to Conclusion and Recommendations].
32. Some States expressed the view that existing international law, complemented by the
voluntary, non-binding norms that reflect consensus among States, and – if implemented and
adhered to – provide a robust framework is currently sufficient for addressing State misuse of
ICTs. It was also proposed that efforts should focus on reaching deepening common
understanding on how existing international law and the agreed norms apply the already agreed
normative framework applies [through the development
of additional guidance, and can be
operationalized through enhancing implementation by all States]. At the same time, some States
expressed the view that due to the quickly evolving nature of the threat environment and the
severity of the risk, an internationally agreed legally-binding framework on ICTs is needed.
There was agreement that there is a need for It was also suggested that such a binding framework
may lead to more effective global implementation of commitments, s and t h a t a stronger basis
for holding actors’ should be held accountable for their actions.
33. It was highlighted that while existing bodies of international law do not include specific
reference to the use of ICTs in the context of international security, they nevertheless apply to State
activities in cyberspace. Additionally, international law can develop progressively, including through
opinio juris and State practice. The possibility over time of developing additional
complementary binding measures concurrently with the implementation of existing
international law and norms was raised by some States. Furthermore, a political commitment was
proposed by some states as a way forward.
34. While recalling that international law, and in particular the Charter of the United Nations
applies in the use of ICTs, it was highlighted that certain questions on how international law
applies to the use of ICTs have yet to be fully clarified. Such questions include, inter alia, the
kind of ICT-related activity that might be interpreted by other States as a threat or use of force
6
Commented [A8]: Suggestion replicates the language of
the ILC Articles of State Responsibility
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