Agenda item 5: International law

Mr. Chairman,

I have the honour to speak on behalf of the EU and its Member States.

The Candidate Countries Montenegro, the Republic of North Macedonia and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina as well as Ukraine, the Republic of Moldova and Georgia, align themselves with this statement.

1. Let me start by reiterating our commitment to the application to international law in cyberspace. As one of the pillars of the framework for responsible state behaviour, the application of international law, together with rules, norms and principles of responsible state behaviour, confidence building measures and capacity building provides stability in international relations cyberspace.
2. The EU and its Member States see that the OEWG presents an opportunity to seek further understanding and consensus, building on the UN framework for responsible State behaviour, on proposals to address the use of ICTs in the context of international security.
3. Taking the existing acquis on international law as its starting point, the OEWG could clarify how international law applies in cyberspace, including human rights law. Additionally, the OEWG should elaborate on how international humanitarian law, including the principles of proportionality, distinction and precaution apply to the use of ICTs by States.
4. Working on the modalities of application of international humanitarian law in cyberspace will advance transparency and common understanding among States.  Such endeavour should not be misinterpreted as encouraging the militarization of, or legitimizing the use of force in, cyberspace. On the contrary, it would strengthen the application of IHL in cyberspace, which restricts cyber operations and sets clear boundaries to States during an armed conflict by protecting civilians and civilian objects against cyberattacks.
5. By focusing its discussions on how existing international law regulates states' conduct in cyberspace, the OEWG could identify possible challenges in the application of international law in cyberspace. These exchanges could also contribute to all States building global capacities on international law and cyber, as well as related national legislation and policy. The EU and Member States encourage States to articulate national positions on the matter as they are working on this themselves.
6. With regard to the proposal contained in the Chair’s summary to develop legally binding measures, the EU and Member States strongly underline the need to make sure that the achievements of the international community of last decades on international security in cyberspace are not undermined, and will not be lost. The UN consensus reflected in the respective UNGGEs, the OEWG and numerous UNGA resolutions, that existing international law, notably the UN Charter in its entirety, international humanitarian law and international human rights law, apply to States' conduct in cyberspace is the basis on which we build our discussions.
7. The EU and its Member States view attempts to undermine the prior achievements as destabilising and note that the OEWG should continue to build on the UN framework, exploring ways to enhance its implementation and strengthen its pillars.
8. To this end, the EU and its Member States underline the importance of multilateral discussions in the OEWG, as well as the practical implementation and capacity building in the context of regional and bilateral efforts, including by the EU and its Member States, and in view of further multilateral cooperation on practical implementation foreseen under the Programme of Action to Advance Responsible Behaviour in Cyberspace.