Brussels (Brussels Morning Newspaper) – The EU affirms international law’s applicability to cyberspace, addressing growing cyber threats and advancing globally responsible state behaviour through UN frameworks.
The European Council agreed to a declaration by the EU and its member states on a common understanding of the application of international law in cyberspace. The declaration affirms that international law remains fit for purpose in this digital domain and restates that states must abide by certain laws and obligations when performing activities in cyberspace.
What are the growing threats in the digital domain?
According to the EU Council, the declaration recognises that negative behaviour in cyberspace, including ransomware, is growing in scale, severity, sophistication, and effect, presenting a major challenge and danger to the functioning of European societies, economies, and way of life.Â
How does the UN framework ensure responsible cyber behaviour?
The respect for and commitment to the UN framework of responsible state behaviour in cyberspace remains critical to maintaining international peace, safety, and stability. The EU and its member states accordingly reaffirm their full dedication to the enactment of the UN framework of responsible state behaviour in cyberspace, assumed by consensus and repeated on several illustrations by the UN General Assembly (UNGA), which demonstrates inter alia that international law, especially the UN Charter, international human rights law, and international humanitarian law, fully applies to cyberspace.
What role does the EU play in global cyber law enforcement?
The EU and its member states will persist in working with international partners to set one single, permanent, inclusive, stable, and action-oriented UN mechanism to enforce and advance responsible state behaviour in cyberspace: the Programme of Action.
Moreover, with this declaration, the EU and its member states indicate that it is possible to reach a common understanding of a collection of fundamental principles and practices of international law applicable to cyberspace. A better global common understanding of how international law applies to cyberspace assists in enhanced global cyber resilience and also transparency and predictability of, and accountability for, states’ conduct in cyberspace.Â
Furthermore, the EU and its member states continue to help third countries through training and capacity building on the enactment of the UN framework of responsible state behaviour in cyberspace, including how to make a national, regional, or international position on the application of international law to cyberspace.
