A/76/136 In our view, international humanitarian law provides the necessary rules constraining states’ conduct in conflict that also extend to cyber operations. Its applicability does not lead to the militarisation of cyberspace. Armed conflicts today and in the future may involve offensive cyber capabilities. Therefore, it is vital that the use of such capabilities would be subject to obligations deriving from international humanitarian law, including taking into account such considerations as humanity, necessity, proportionality and distinction. International human rights law All states bear an obligation to ensure and protect fundamental rights and freedoms both online as well as offline. In regards to state use of ICTs, states must comply with Human Rights obligations including those deriving from the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Cybersecurity and human rights are complementary, mutually reinforcing and interdependent. Both need to be pursued together to effectively promote freedom and security. Cybersecurity laws, policies and practices must not be used as a pretext to silence human rights defenders and restrict human rights and fundamental freedoms in general. The prevention, mitigation of as well as responses to cyber incidents should not violate human rights. This in particular includes the freedom of expression, the freedom to seek, receive and impart information, the freedom of peaceful assembly and association, and the right to privacy. As a founding member of Freedom Online Coalition (FOC) Estonia nationally and internationally supports policies and practices that promote the protection of human rights and fundamental freedoms online. 49 Public authorities have a duty to respect and protect the freedom of expression and the freedom to seek, receive and impart information. Estonia is a proponent of transparency in government processes – transparency is essential in order for citizens to be able to trust the e-services provided to them. In addition, the development of egovernment solutions in the public sector has to go hand in hand with safeguarding the privacy of citizens and the security of their data. II. State responsibility and attribution State responsibility The law of state responsibility is a cornerstone for responsible state behaviour in cyberspace when it comes to assessing the unlawfulness of cyber operations below the threshold of use of force. The law of state responsibility includes key principles that govern when and how a state is held responsible for cyber operations that constitute a breach of international obligation, by either an act or an omission. A cyber operation can constitute an internationally wrongful act if it is attributable under international law and it constitutes a breach of international obligation under the law of state __________________ 49 21-09670 Freedom Online Coalition statement on the Human Rights Impact of Cybersecurity Laws, Practices and Policies (2020): https://freedomonlinecoalition.com/wp-content/uploads/2020/02/ FOC-Statement-on-Human-Rights-and-Cyber-Security-07.02.pdf 27/142