Armed Attack and Self-Defence in Cyberspace 🌐 UNIDIR Cyber Stability Conference 2023, Panel 2

The 2023 edition of the United Nations Institute for Disarmament Research (UNIDIR) flagship Cyber Stability Conference (CS23) focused on “Use of ICTs by States: rights and responsibilities under the UN Charter” took place at the United Nations Headquarters in New York, on March 3rd, 2023.

For more information, visit: https://unidir.org/CS23

Nearly a decade ago, States agreed that international law is applicable and essential for a secure, stable, peaceful information and communications technology (ICT) environment. The remaining question is how international law applies to the use of ICTs by States. With the increasing frequency, sophistication and complexity of cyber threats, it is time for States to discuss more specifically how international law applies to the ICT environment.

To facilitate focused future deliberations and therefore meaningfully contribute to the advancement of multilateral negotiations, CS23 focused on the first source of international law that States agreed on as being applicable in cyberspace – the Charter of the United Nations (UN). Specifically, CS23 investigated the rights and obligations of the UN Charter applicable to cyberspace, including legal principles and thresholds related to topics such as the use of armed force; armed attack and self-defence; role and powers of the UN Security Council; and peaceful settlement of disputes.

In addition to providing a platform for the exchange of views among national experts, CS23 also featured introductory briefings from reputable scholars, adding clarity on key concepts and supporting meaningful participation of all States in the relevant multilateral discussions.

Panel 2: Armed Attack and Self-Defence in Cyberspace

The panel discussed the concept of an armed attack in cyberspace and self-defence (incl. questions of causality, degree of gravity and type of consequences).

Briefing by Dr Andraz Kastelic, Lead Cyber Stability Researcher, United Nations Institute for Disarmament Research

Discussants:

Mr Artur R. Lyukmanov, Director, Foreign Ministry’s Department of International Information Security, Russian Federation

Mr John Reyels, Head, Cyber Policy Coordination Staff, Federal Foreign Office, Germany

Ms Maitê de Souza Schmitz, Counselor, Ministry of Foreign Affairs, Brazil

Ms Briony Daley Whitworth, Director, Cyber Affairs and Critical Technology Branch, Department of Foreign Affairs and Trade, Australia

Moderator: Ms Katherine Prizeman (UNODA)