A/76/136 The development and use of new technologies will inevitably raise questions both of lex lata and lege ferenda. Law will often be outpaced by scientific progress, which in turn tends to generate considerable uncertainty about the application of certain international rules. 11 Legal uncertainty, particularly in the realm of peace and security, can lead to unwarranted insecurity and increased risks of conflict. To the extent that interpretations of how international law applies to the use of ICT by States diverge, the risk of unpredictable behavior, misunderstandings and escalation of tensions increases. Therefore, it is important to identify convergence amongst States on this matter and, where divergences are identified, to jointly work towards increased coherence in the interpretation of existing rules. If necessary, development of additional norms should also be considered as a means to fill potential legal gaps and resolve remaining uncertainties. The current paper highlights Brazil’s views on how international law applies to the use of ICTs by States. Given the broad scope of international law, only some aspects will be covered. In developing this assessment, Brazil has followed the traditional sources of international law, as enshrined in article 38 of the ICJ Statute. Academic works and expert reports, such as the Talinn Manual and the ICRC Position Paper, are considered as important reference material. 1. Sovereignty State sovereignty is one of the founding principles of international law. As the ICJ has stated in the Corfu Channel Case, “between independent States, the respect for territorial sovereignty is an essential foundation for ‘international relations’”. 12 It is applicable as a standalone rule, including to the use of ICTs by States, and entails an independent obligation of “every State to respect the territorial sovereignty of others”. 13 Currently, there is neither broad state practice nor sufficient opinio juris to generate new customary international norm allowing for the violation of State sovereignty, including by means of ICTs. Violations of State sovereignty by another State, including by means of ICTs, constitute an internationally wrongful act and entail the international responsibility of the State in violation. Interceptions of telecommunications, for instance, whether or not they are considered to have crossed the threshold of an intervention in the internal affairs of another State, would nevertheless be considered an internationally wrongful act because they violate state sovereignty. 14 Similarly, cyber operations against information systems located in another State’s territory or causing extraterritorial effects might also constitute a breach of sovereignty. 2. Non-intervention The principle of non-intervention, which is considered customary international law, refers to “the right of every sovereign State to conduct its affairs without outside interference”. 15 In the Declaration on the Principles of International Law concerning Friendly Relations and Co-operation among States, 16 the General Assembly affirmed that “the strict observance by States of the obligation not to intervene in the affairs of any other State is an essential condition to ensure that nations live together in peace __________________ 11 12 13 14 15 16 18/142 Oliver Kessler and Wouter-Werner, “Expertise, Uncertainty, and International Law: A Study of the Tallinn Manual on Cyberwarfare,” 26 Leiden Journal of International Law 793 (2013), pp. 802–807, p. 807 Corfu Channel Case, ICJ, 1949, 35; See also Schwarzenberger, p 219. ICJ, Nicaragua, Merits, p. 111. A/67/946 ICJ, Nicaragua, Merits, pp 106–108. General Assembly Resolution 2625 (XXV) 21-09670