Under the auspices of the UN, the EU and its Member States have
consistently reaffirmed that a universal cyber security framework can only be grounded in existing international law, including the Charter of the United Nations in its entirety, international humanitarian law, and international human rights law.
Addressing issues as to how existing international law and international humanitarian law, including the principles of humanity, necessity, proportionality and distinction, apply to the use ICTs by States is necessary to increase accountability and transparency. International humanitarian law is fully applicable in cyberspace and this should not be misunderstood as legitimising the use of force between states in the cyber domain. The EU has typically opposed calls for the need to adapt existing international law as a means to develop a new legal instrument for cyber issues.
As a member of the 2015 Group of Governmental Experts (UNGGE) and as per
the Seoul Framework for and Commitment to an Open and Secure Cyberspace, the ROK
recognises that international law, and in particular the UN Charter, is applicable in cyberspace and essential for maintaining security and stability as well as promoting an open, secure, peaceful, and accessible ICT environment.
The country also
acknowledges that cybersecurity must go hand-in-hand with respect for human rights and fundamental freedoms as set forth in the Universal Declaration of Human Rights and other international instruments. The ROK notably co-sponsored the Human Rights Council Resolutions
20/8 and
26/13 concerning the promotion, protection and enjoyment of human rights on the Internet.
The country
supports the idea of increasing interstate engagement and exchanging national views on how international law applies in cyberspace, both at the multilateral level as well as at the bilateral and regional levels.
As a member state of the UNGA, Uruguay
expressed their views at the OEWG in 2021, considering cybersecurity an essential element in the prevention of international conflicts. Uruguay provides a rather humanitarian approach to international law and its application on cyber issues. The country is a
member of international organisations that promote the development and compliance with standards of transparency and access to information, such as the Open Government Partnership, the Electronic Government Network of Latin America and the Caribbean (GEALC) and Digital Nations.
Uruguay was the first Latin American country, in 2013, to sign the only existing binding, international document concerning the Automatic Processing of Personal Data (known as
Convention 108). Its signature and membership have been
ratified in 2021.
Uruguay’s Digital initiatives at the national level are also in compliance with the Digital Agenda for Latin America and the Caribbean (
eLAC by CEPAL). In particular, Uruguay’s
Cybersecurity goal is in line with
CEPAL’s framework for confidence-building measures such as combating digital crime by formulating public policies and strategies for cybersecurity and critical infrastructure protection.