A/76/136 with one another”. Even though Resolution 2625 (XXV) preceded the widespread use of ICTs, the customary norm prohibiting intervention in the internal affairs of another State applies irrespective of the means or medium used and extends to the use of ICTs by States. To violate the principle of non-intervention, the malicious use of ICTs against another State must involve an element of coercion affecting the right of the victim State to freely choose its political, economic, social and cultural system, and to formulate its foreign policy. 17 If attributable to a State, this breach entails this State’s international responsibility. There has been a growing discussion on whether cyberoperations aimed at interfering in the electoral processes of another State could amount to violations of the principle of non-intervention. Considering that elections are at the core of a State’s internal affairs, should the malicious use of ICTs against a State involve some level of coercion, then it must be prohibited by the principle of non-intervention. 3. Use of force As stated in previous reports of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, international law is applicable to the use of ICTs by States. This includes the legal prohibition of the use of force in international relations, which is enshrined in the UN Charter 18 and is also part of customary international law. It is a peremptory norm, 19 to which only two exceptions are permitted: self-defense and authorization under Chapter VII of the Charter. The United Nations Charter does not refer to specific weapons or other means of use of force, and therefore the legal prohibition applies to all of them 20. Cyber operations may amount to an illegal use of force if they are attributable to a State and if their impact is similar to the impact of a kinetic attack. It is generally understood that, to date, no state has claimed that the rule prohibiting the use of force was violated due to the conduction of a cyberattack. The lack of such a precedent only reinforces the need for caution when making analogies between cyber and kinetic actions in assessments related to jus ad bellum. General Assembly Resolution 3314(XXIX), which contains the definition of aggression, enumerates a series of acts that qualify as such: invasion of territory by armed forces, military occupation, bombardments or the use of any weapons against the territory of another state, blockade of the ports or coasts by the armed forces, among others. Although it is not binding, GA Res 3314(XXIX) has been considered highly authoritative and has guided the ICJ in its caselaw. 21 In many instances, it might prove difficult to establish a direct analogy between the acts listed in GA Res 3314 (XXIX) and cyber operations, due to their unique characteristics. Therefore, it is advisable to update the multilateral understanding of which acts amount to the use of force and aggression, so as to include instances of cyberattacks. While it might be challenging to find consensus on grey areas, such as the characterization of digital attacks with no direct physical effects, there are points of convergence that should be consolidated multilaterally to provide more clarity and legal certainty. __________________ 17 18 19 20 21 21-09670 ICJ, Nicaragua, Merits, p 108 Charter of the United Nations, art. 2(4) International Law Commission, Commentaries to the 1966 draft articles on the law of treaties ICJ, Advisory Opinion on Nuclear Weapons, p. 244. ICJ, Armed Activities, p. 223. 19/142