3
Introduction
Italy deems that international law is applicable to cyberspace and considers it the existing legal
discipline and a fundamental tool for assuring responsible State behaviour in cyberspace. This
is in line with Italy’s unyielding support to the rule of law both at the international and domestic
levels, to a rules-based international order and cooperation and, more generally, to compliance
with international law.
Italy thus concurs with the conclusions reached by the UN Group of Governmental Experts
(GGE) and by the Open-ended Working Group (OEWG) that was established in 2019,
according to which ‘international law and in particular the Charter of the United Nations in its
entirety, is applicable and is essential to maintaining peace and stability and promoting an open,
secure, stable, accessible and peaceful ICT environment’.1 While the work of the GGE
primarily addressed issues of international peace and security, Italy considers that the concept
of international peace and security goes beyond a merely military connotation. Accordingly,
Italy finds that the rules and principles of international law – be they customary or treaty-based
– applicable to activities in cyberspace are not limited to those pertaining to the prohibition of
the use of force in international relations.
While Italy has no doubt as to whether international law applies to the cyberspace, it is aware
that how existing rules and principles of international law apply gives rise to significant
difficulties inherent in the technical features of cyberspace. Such difficulties require responses
that the international community is currently developing. Italy thus welcomes and supports the
ongoing process of exchange of views, study and cooperation amongst States to that end.
In this paper2, Italy presents its non-exhaustive views on a number of discrete issues concerning
the application of international law to cyberspace. The following topics will be considered in
turn: the protection of sovereignty in cyberspace and violations of the principle of nonintervention; the application of the law of the international responsibility of States to activities
1
2013 Report of the Group of Governmental Experts on Developments in the Field of Information and
Telecommunications in the Context of International Security, UN Doc. A/68/98, 24 June 2013, para.20; 2015 Report of
the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context
of International Security, UN Doc. A/70/174, 22 July 2015, para. 24.; 2021 Open-ended working group on developments
in the field of information and telecommunications technologies in the context of international security; UN Doc
A/75/816, para 7.
2
This paper has been prepared by the Ministry for Foreign Affairs and International Cooperation together with the
Presidency of the Council of Ministers and the Ministry of Defence and has been completed in the month of September
2021.