The UK
views international law as “a critical tool for ensuring stability and security in cyberspace”. In accordance with the 2013, 2015 and 2021 UNGGE reports as well the 2021 OEWG report, the UK
has affirmed that international law, including the UN Charter in its entirety, applies in cyberspace; a position paper notably
states that “we do not consider it is for States to pick and choose which international law instruments are applicable”. This includes the prohibition of the use of force (Article 2(4)), the peaceful settlement of disputes (Article 33) and the inherent right of states to act in self-defence in response to an armed attack (Article 51). The law of state responsibility applies to cyber operations in peacetime, including the doctrine of countermeasures in response to internationally wrongful acts. Meanwhile, the country has
professed a strong commitment to the respect of human rights law in cyberspace, co-sponsoring the
2012,
2014,
2016,
2018 and
2021 UN Human Rights Council resolutions on the protection, promotion and enjoyment of human rights on the Internet. Likewise, the UK
believes in the application of international humanitarian law (IHL) to cyber operations in armed conflict. In response to concerns expressed by other states that this might lead to an undue ‘militarisation’ of cyberspace, the UK has
responded that the application of IHL does not encourage armed conflict but only serves to limit humanitarian consequences in the event of such conflict. In addition, the country has
stated and that there are ways for cyber capabilities to be developed in a manner “consistent with international law” and called on states to be transparent about the existence of their own capabilities. Those statements do not entirely dismiss the idea of cyberspace as a new military domain, with the British position at the OEWG
being that “the use of ICTs in military contexts may be preferable to use of kinetic weapons and can be de-escalatory”. The UK is against the establishment of new, binding international instruments to regulate state behaviour in cyberspace,
arguing that “pursuing […] the development of new treaties is only likely to entrench existing divides in this area and will progress us no further on the question of how International Law applies”.
As per the conclusions of the 2013, 2015, and 2021 UN GGE (Group of Governmental Experts) reports, Canada
believes that international law applies in cyberspace and
is “essential to maintaining peace and stability” as well as “promoting an open, secure, peaceful, and accessible ICT environment”;
according to Canada, the applicability of international law “puts guardrails on states’ behaviour in cyberspace”. Applicable legal instruments
include the UN Charter, the law on state responsibility (including countermeasures), International Human Rights Law, and International Human Rights Law (IHL). Canada
does not favour the establishment of a treaty or binding legal instrument on cyber issues, arguing that it would undermine existing international law and norms of responsible state behaviour. Instead, Canada believes that existing international law and agreed-upon norms are sufficient to guide State behaviour in cyberspace.
El Salvador
has supported, along with several other states, a Russian-backed proposal to develop a new binding legal instrument to govern responsible state behaviour in cyberspace. It’s the Salvadoran position that the
absence of legislation is the main obstacle towards fighting cybercrime internationally.