ICT products may contain backdoors or vulnerabilities that make them a source of
additional threats. These threats can spread easily and rapidly and it is difficult, if not
impossible, to trace the main origin of those threats in time to address them. Such acts
can have widespread impacts that can harm a whole population.
14.
Other than cyber-warfare technologies, there are evident and real threats related to Digital
Identity and Private Data Theft and targeted propaganda campaigns in manners that could
go beyond personal losses to harm national economies and jeopardize national security.
15.
The task of the OEWG is not to attempt to develop an exhaustive list of all types of
existing and emerging technologies that could represent a threat to international peace
and security. The actual challenge is to agree on a comprehensive set of binding rules
on the uses of such technologies by States (i.e. State behaviour) in a manner that is
consistent with the principles of international law and the UN Charter. The
implementation of such rules and possible prohibitions should be carried out by utilizing
a diversified set of measures at both the national level, through harmonized legislations
and policies, and at the international level, through compliance with agreed rules and
standards as well as the exchange of information and cooperation.
III. International Law:
16.
The UNGA has already endorsed the view that international law and the Charter of
the United Nations are applicable in the ICTs environment and are essential for this
environment to be open, secure, stable, and peaceful.
17.
The adherence by States to international law, in particular their Charter obligations,
is an essential framework for their actions in their use of ICTs. The principles of
sovereignty; sovereign equality; the settlement of international disputes by peaceful
means; refraining from the threat or use of force against the territorial integrity or
political independence of any State, or in any other manner inconsistent with the
purposes of the United Nations; respect for human rights and fundamental freedoms;
and non-intervention in the internal affairs of other States, are cross-cutting and must
be complied with in all domains, including cyber-space.
18.
It has been also agreed that States have full jurisdiction over the ICT infrastructure
located within their territory and that in their use of ICTs, they must observe the
agreed principles of international law and the Charter.
19.
There are legitimate concerns, however, when it comes to focusing on elements such
as the “right to self-defense” under article 51 and the applicability of the rules of
engagement in military conflicts in the ICT context, in a manner that may
intentionally or unintentionally legitimize or encourage turning the ICT environment
into an arena of conflict. An exaggerated focus on these specific aspects and their
associated legal controversies and attribution challenges might divert attention from
addressing the right questions on how to cooperate to prevent such conflicts from
occurring in the first place.
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