35. Also, in terms of ways forward, States proposed that a key first step to clarify and further develop common deepen understandings could emanate from increased exchanges and in-depth discussions by States on how international law applies to State use of ICTs. It was noted that such exchanges in themselves could serve as an important confidence-building measure. States furthermore proposed several ways to voluntarily share their national views on the issue of international law, 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 providing a survey of national practice in the application of international law. The progress made in regional and other arrangements to exchange views and develop common understandings on how international law applies was also highlighted. Commented [A9]: Transfer para 35 to conclusions section if discussion sections are deleted, noting the unhighlighted portion duplicates existing recommendation 41. 36. From the perspective of maintaining peace and preventing conflict, it was noted that greater focus could also be placed on States’ obligations to the settlement of disputes by peaceful means and to refraining from the threat or use of force. In this context, States recalled existing bodies, mechanisms and tools for the prevention and peaceful settlement of disputes. Some States suggested that developing a universally-accepted, common approach and understanding of the source of ICT incidents at the technical level under the auspices of the United Nations, through the sharing of good practices, bearing in mind respect for the principle of State sovereignty, could lead to greater accountability and transparency, and could help support legal recourse for those harmed by malicious acts. Commented [A10]: Transfer highlighted section to Conclusion and Recommendations, but not cross over with para 38 Conclusions and Recommendations 37. Pursuant to General Assembly Resolution 73/27, which established the OEWG, States affirmed that international law, and in particular the Charter of the United Nations, is applicable and essential to maintaining peace and stability and promoting an open, secure, stable, accessible and peaceful ICT environment. States also agreed that further common understandings need to be developed on how certain questions of international law applies to State use of ICTs. 38. States also reaffirmed the importance of the settlement of disputes by peaceful means such as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements, or other peaceful means of their own choice . 39. States agreed that common understandings on how international law applies to State use of ICTs can be fostered by encouraging exchange of views on the issue among States and by identifying specific topics of international law for further in-depth discussion. 40. In order for all States to develop their own understandings of how international law applies to the use of ICTs by States, and to contribute to building consensus within the international community, States agreed that there was a strong need for additional neutral and objective efforts to build capacity in the areas of international law, including its implementation in national legislation and policy. The OEWG recommends that 41. States, on a voluntary basis, continue to inform the Secretary-General of their national views and practices on how international law applies to their the use of ICTs in the context of international security, to be made available in his annual report on developments in the field of ICTs in the context of international security. 8 Commented [A11]: Suggest to accurately reflect Art 33 of UN Charter. Commented [A12]: Merge recommendations at para 41, 58, 72 and 92 into one recommendation (para (para 118biz) : “States, on a voluntary basis, are encouraged to survey and report national implementation of the assessments and recommendations in this report, as well as those in A/70/174 (as endorsed in A/Res/70/237), including through the attached model “National Survey of Implementation of United Nations General Assembly Resolution 70/237”, as part of the invitation to Member States to continue to inform the Secretary-General of their views and assessments on the issue of developments in the field of ICTs in the context of international security. States are encouraged to further develop templates in support of such efforts. ”