Editing National position of Estonia (2021)

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==Introduction==
 
==Introduction==
This is the national position of Estonia on international law applicable to cyberspace. The position<ref>[https://front.un-arm.org/wp-content/uploads/2021/08/A-76-136-EN.pdf Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States, UNODA, A/76/136, August 2021.]</ref> has been submitted by Estonia and included within the official UNGGE compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States.<ref>[https://front.un-arm.org/wp-content/uploads/2021/08/A-76-136-EN.pdf Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States, UNODA, A/76/136, August 2021.]</ref> The compendium has been publicly released in August 2021.<ref>[https://www.un.org/disarmament/group-of-governmental-experts/ UNODA, Group of Governmental Experts on Advancing responsible State behaviour in cyberspace in the context of international security]</ref>
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This is the national position of Estonia on international law applicable to cyberspace. The position <ref>[https://front.un-arm.org/wp-content/uploads/2021/08/A-76-136-EN.pdf Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States, UNODA, A/76/136, August 2021.]</ref> has been submitted by Estonia and included within the official UNGGE compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States.<ref>[https://front.un-arm.org/wp-content/uploads/2021/08/A-76-136-EN.pdf Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States, UNODA, A/76/136, August 2021.]</ref>. The compendium has been publicly released in August 2021.<ref>[https://www.un.org/disarmament/group-of-governmental-experts/ UNODA, Group of Governmental Experts on Advancing responsible State behaviour in cyberspace in the context of international security]</ref>
   
 
==[[Applicability of international law]]==
 
==[[Applicability of international law]]==
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Without this obligation, international law would leave injured states defenceless in the face of malicious cyber activity that emanates from other states’ territories. This is particularly relevant when state responsibility cannot be established. Therefore, states have to make reasonable efforts to ensure that their territory is not used to adversely affect the rights of other states. Such reasonable efforts are relative to national capacity as well as the availability of and access to information. Meeting this expectation encompasses taking all feasible measures in order to end the ongoing malicious cyber activity.
 
Without this obligation, international law would leave injured states defenceless in the face of malicious cyber activity that emanates from other states’ territories. This is particularly relevant when state responsibility cannot be established. Therefore, states have to make reasonable efforts to ensure that their territory is not used to adversely affect the rights of other states. Such reasonable efforts are relative to national capacity as well as the availability of and access to information. Meeting this expectation encompasses taking all feasible measures in order to end the ongoing malicious cyber activity.
   
Estonia is at the position that the obligation of due diligence requires consideration of the technical, political and legal capacities of a state. In addition, due diligence is related to taking action by applying all lawful and feasible measures in order to halt an ongoing malicious cyber operation. States should strive to develop means to offer support, when requested by the injured state, to identify or attribute malicious cyber operations. These actions could for example include warning, cooperating and sharing relevant data pertaining to an incident, investigating the incident and prosecuting the perpetrators, assisting the victim state(s) or accepting assistance. The necessary measures depend on the incident and are applied on a case-by-case basis."<ref>[https://front.un-arm.org/wp-content/uploads/2021/08/A-76-136-EN.pdf Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States, UNODA, A/76/136, August 2021], 26.</ref><section end=EE_2021 due diligence />
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Estonia is at the position that the obligation of due diligence requires consideration of the technical, political and legal capacities of a state. In addition, due diligence is related to taking action by applying all lawful and feasible measures in order to halt an ongoing malicious cyber operation. States should strive to develop means to offer support, when requested by the injured state, to identify or attribute malicious cyber operations. These actions could for example include warning, cooperating and sharing relevant data pertaining to an incident, investigating the incident and prosecuting the perpetrators, assisting the victim state(s) or accepting assistance. The necessary measures depend on the incident and are applied on a case-by-case basis"<ref>[https://front.un-arm.org/wp-content/uploads/2021/08/A-76-136-EN.pdf Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States, UNODA, A/76/136, August 2021], 26.</ref><section end=EE_2021 due diligence />
   
 
==[[International humanitarian law (jus in bello)|International humanitarian law (''jus in bello'')]]==
 
==[[International humanitarian law (jus in bello)|International humanitarian law (''jus in bello'')]]==

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