A/76/136 Germany [Original: English] I. Introduction Cyber activities have become an integral part of international relations. The vast interconnectedness of networks, technologies and cyber processes across borders has brought societies and individuals from different nations closer together and has opened up new opportunities for cooperation among both State and non-State actors. At the same time, States and societies have grown highly dependent on the functioning of IT infrastructures. This has created new vulnerabilities. In cyberspace, only limited resources are often needed to cause significant harm. This poses security threats for States and societies. Harmful cross-border cyber operations, both by State and non-State actors, can jeopardize international stability. Germany is firmly convinced that international law is of critical importance when dealing with opportunities and risks related to the use of information and communication technologies in the international context. As a main pillar of a rulesbased international order, international law as it stands provides binding guidance on States’ use and regulation of information and communication technologies and their defence against malicious cyber operations. In particular, the UN Charter fulfils a core function with regard to the maintenance of international peace and security – also in relation to cyber activities. In this regard, Germany reemphasizes its conviction that international law, including the UN Charter and international humanitarian law (IHL), applies without reservation in the context of cyberspace. 52 This paper discusses selected aspects of the interpretation of certain core principles and rules of international law in the cyber context. 53 Germany thereby aims to contribute to the ongoing discussion on the modalities of application of international law – most of which predates the development and rise of information and communication technologies – in the cyber context. The paper also intends to foster transparency, comprehensibility and legal certainty with regard to an important aspect of foreign affairs. The explanations take into account, inter alia, the 2013 and 2015 reports of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security. 54 They are based on applicable international law and in this regard consider, to a significant degree, the findings of independent international law experts recorded in the Tallinn Manual 2.0. 55 __________________ 52 53 54 55 21-09670 See also United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, report of 24 June 2013, UN Doc. A/68/98, para. 19 and cf. report of 22 July 2015, UN Doc. A/70/174, paras. 24, 25; General Assembly resolution 70/237, Developments in the field of information and telecommunications in the context of international security, UN Doc. A/RES/70/237, 30 December 2015. The choice of rules and principles discussed is necessarily selective and no conclusions regarding Germany’s legal position can be drawn from any actual or perceived omission to mention certain rules, principles, criteria or legal considerations. See above, note 52. Schmitt, M. (gen. ed.)/Vihul, L. (man. ed.), Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, Prepared by the International Groups of Experts at the Invitation of the NATO Cooperative Cyber Defence Centre of Excellence, 2nd edition, Cambridge University Press 2017. The Tallinn Manual 2.0 is a paper created by independent experts and constitutes neither a document stating NATO positions nor a position paper by States. In the following, references to the Tallinn Manual 2.0 are made for information purposes only and do not necessarily constitute an endorsement of the referenced text by the German government. 31/142