It's worth noting that while Cuba has participated in international discussions and informal negotiations related to cybersecurity, it has not signed or ratified binding agreements regarding cyberspace or digital rights. Its government has also been criticised by
human rights groups for its restrictions on internet access and
online freedom of expression, which have limited its ability to fully engage in these discussions.
The country has not assumed a firm stance on the application of international law in cyberspace. Serbia’s position paper concerning the Open-Ended Working Group (OEWG)
highlighted that multilateral dialogue on “information security” must occur “with strict respect for the Charter of the United Nations”. Echoing the stance of states such as China, Russia, and Cuba, Serbia also
raised the alarm about the “danger of developing offensive ICT and militarising the digital space”.
In theory, China
accepts that the principles enshrined within the UN Charter, including sovereign equality, prohibition on the use of force, settlement of disputes by peaceful means, non-intervention in the affairs of other states and fulfilment of international obligations in good faith, apply in cyberspace.
Nevertheless, the Chinese position is generally characterized by a
reluctance to crystallise the precise ways in which existing customary and international treaty law might govern the cyber domain; the exact application of specific aspects of international law, such as laws on self-defence, state responsibility, and international humanitarian law, is claimed to remain unclear in the absence of international consensus.
Chinese delegations have also repeatedly cautioned against the
“indiscriminate application of the law of armed conflicts”, arguing that the undue emphasis on
jus ad bellum undermines stability in cyberspace by presupposing and thus effectively legitimising cyber conflict, consequently turning cyberspace into a “new battlefield”.
China regards proposals on regional exchanges of views and development of common understanding on the application of international law with particular scepticism,
stating that states must work on reaching “universally-accepted consensus” on the application of international law, rather than engage in “self-explanations at regional levels or among a small group of countries”. The Chinese have also
consistently favoured the adoption of new international legal instruments tailored to the attributes of cyberspace (
lex specialis).