applies to ICTs, it is premature to suggest that international law needs to be
changed or developed further.
o Recommendations in paragraph 68(a) should flow only from those proposals that
enjoyed consensus. Only a few States supported a recommendation that the
International Law Commission (ILC) study national views and practice on how
international law applies to the use of ICTs by States. In addition, that
recommendation is inconsistent with the General Assembly’s decision to ask the
OEWG and the GGE to address this issue, and it duplicates other
recommendations in the draft report that were supported by many more States,
such as the call for voluntary submissions of national practice and views on the
applicability of international law.
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Second, the report should reflect a balanced view of international law.
o To the extent that the next draft identifies specific international law obligations, it
should also identify relevant rights that States have under international law. For
example, paragraph 23 correctly identifies the obligation to refrain from the threat
or use of force against the territorial integrity or political independence of any
State, but it fails to mention that States may respond to such unlawful actions,
consistent with the inherent right of self-defense. The right of self-defense
recognized in Article 51 of the UN Charter plays an important deterrent role and
helps to ensure the maintenance of international peace and security.
Comments on the Norms Section
The United States views voluntary, non-binding norms of State behavior during peacetime as
essential components of a framework of responsible State behavior in cyberspace. The set of
norms identified in the 2015 GGE report remain some of the most important recommendations
affirmed by UN Member States in the area of international cyber stability. We continue to
believe that the OEWG will be most productive in this area if we focus our efforts on the
implementation of existing consensus norms, not the creation of entirely new normative
concepts. When considering proposals from Member States, we should first explore whether the
ideas could be considered articulations of existing areas of norms consensus. This could also
help us avoid reconsidering concepts, such as concerns about harmful hidden functions, which
the 2015 GGE report already addressed.
In addition, selective elaboration of norms or identification of specific critical infrastructure
sectors carries some risk of giving precedence to certain issues over others. We do not want the
OEWG unintentionally to undermine the broader set of norms addressed in the 2015 GGE report.
We should therefore approach this exercise in a cautious and inclusive manner.
Separately, the term “upgrading” is unclear, so we suggest its deletion. If “upgrading” means
“transforming” a norm from a non-binding status to a legally binding status, the OEWG has no