affecting a State’s powers, which are at the heart of a State’s sovereignty such as the
freedom to choose its own political, social, economic and cultural system.2
9. As the UK has noted previously, while the precise boundaries of this rule continue to be
the subject of on-going debate, it provides a clearly established basis in international law
for assessing the legality of State conduct. Thus the use of hostile cyber operations to
manipulate the electoral system in another State to alter the results of an election, to
undermine the stability of another State’s financial system or to target the essential
medical services of another State could all, depending on the circumstances, be in
violation of the international law prohibition on intervention.
10. The International Court of Justice has established that a prohibited intervention is one
bearing on matters which each State is permitted, by the principle of State sovereignty,
to decide freely. Sovereignty, as a general principle, is a fundamental concept in
international law. The United Kingdom recalls that any prohibition on the activities of
States whether in relation to cyberspace or other matters, must be clearly established
either in customary international law or in a treaty binding upon the States concerned.
The United Kingdom does not consider that the general concept of sovereignty by itself
provides a sufficient or clear basis for extrapolating a specific rule or additional prohibition
for cyber conduct going beyond that of non-intervention referred to above. At the same
time, the United Kingdom notes that differing viewpoints on such issues should not
prevent States from assessing whether particular situations amount to internationally
wrongful acts and arriving at common conclusions on such matters.
STATE RESPONSIBILITY & ATTRIBUTION
11. A State is responsible under international law for cyber activities that are attributable to
it in accordance with the rules on State responsibility. The responsibility of a State for
activities that occur on its territory including in relation to activities in cyberspace is
therefore determined in accordance with the rules of international law on State
responsibility. As well as bearing responsibility for acts of its organs and agents, a State is
also responsible in accordance with international law where, for example, a person or a
group of persons acts on its instructions or under its direction or control.
12. UNGGE Norm 13(c) provides that States should not knowingly allow their territory to be
used for internationally wrongful acts using information and communications technology.
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America), Merits, Judgment, ICJ Reports 1986
at para 205: ‘In this respect [the Court] notes that, in view of the generally accepted formulations, the principle forbids all States or groups
of States to intervene directly or indirectly in internal or external affairs of other States. A prohibited intervention must accordingly be one
bearing on matters in which each State is permitted, by the principle of State sovereignty to decide freely. One of these is the choice of a
political, economic, social and cultural system, and the formulation of foreign policy. Intervention is wrongful when it uses methods of
coercion in regard to such choices, which must remain free ones. The element of coercion, which defines, and indeed forms the very
essence of, prohibited intervention, is particularly obvious in the case of an intervention which uses force, either in the direct form of
military action, or in the indirect form of support for subversive or terrorist armed activities within another State.’
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