Editing National position of Kenya (2021)

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==Introduction==
 
==Introduction==
This is the national position of Kenya 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 Kenya 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 Kenya 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 Kenya 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]]==
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==Applicability of international law==
<section begin=KE_2021 applicability/>
 
 
"For more than half a century, information and communication technology (ICT) has been international in its creation, reach, use and misuse. Therefore, States have recognized the need to create effective and sustainable frameworks to guide the use of ICTs in the context of international security.
 
"For more than half a century, information and communication technology (ICT) has been international in its creation, reach, use and misuse. Therefore, States have recognized the need to create effective and sustainable frameworks to guide the use of ICTs in the context of international security.
   
The applicability of International Law towards this effort was first formally stated in Article 19 of the 2013 of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (UNGGE) which states that “International law, and in particular the Charter of the United Nations, is applicable and is essential to maintaining peace and stability and promoting an open, secure, peaceful and accessible ICT environment.” The 2015 report of the same group went further in Article 25 and emphasized the role of International law as an essential framework for actions in the use of ICTs. As a member of the UNGGE since 2014, and the United Nations General Assembly (UNGA) that has consistently endorsed the reports presented through the UN Secretary General and recommended that States should implement the recommendations of each report, the Republic of Kenya concurs that international law provides critical guidance for the use of ICTs."<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], 52-53.</ref><section end=KE_2021 applicability/>
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The applicability of International Law towards this effort was first formally stated in Article 19 of the 2013 of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (UNGGE) which states that “International law, and in particular the Charter of the United Nations, is applicable and is essential to maintaining peace and stability and promoting an open, secure, peaceful and accessible ICT environment.” The 2015 report of the same group went further in Article 25 and emphasized the role of International law as an essential framework for actions in the use of ICTs. As a member of the UNGGE since 2014, and the United Nations General Assembly (UNGA) that has consistently endorsed the reports presented through the UN Secretary General and recommended that States should implement the recommendations of each report, the Republic of Kenya concurs that international law provides critical guidance for the use of ICTs."<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], 52-53.</ref>
   
==[[Peaceful settlement of disputes]]==
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==Peaceful settlement of disputes==
 
<section begin=KE_2021 peaceful settlement of disputes />
 
<section begin=KE_2021 peaceful settlement of disputes />
 
"Kenya recognizes that International Law has many functions. Among the primary functions is to create an agreed context and standard of action and behaviour among States, to maintain order in international issues, to minimize the occurrence of international conflicts and disputes, and, where they occur, to assist in their resolution, and lastly, to protect the sovereign liberties and rights of 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], 53.</ref>
 
"Kenya recognizes that International Law has many functions. Among the primary functions is to create an agreed context and standard of action and behaviour among States, to maintain order in international issues, to minimize the occurrence of international conflicts and disputes, and, where they occur, to assist in their resolution, and lastly, to protect the sovereign liberties and rights of 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], 53.</ref>
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"The UN Charter forms a strong foundation for the interpretation of existing international laws underlined by inter alia the principles of State sovereignty, sovereign equality, and settlement of international disputes by peaceful means. It is the Charter’s emphasis on these principles that is fully aligned with Kenya’s peaceful stance in international affairs."<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], 54.</ref><section end=KE_2021 peaceful settlement of disputes />
 
"The UN Charter forms a strong foundation for the interpretation of existing international laws underlined by inter alia the principles of State sovereignty, sovereign equality, and settlement of international disputes by peaceful means. It is the Charter’s emphasis on these principles that is fully aligned with Kenya’s peaceful stance in international affairs."<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], 54.</ref><section end=KE_2021 peaceful settlement of disputes />
   
==[[Sovereignty]]==
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==Sovereignty==
 
<section begin=KE_2021 sovereignty />
 
<section begin=KE_2021 sovereignty />
 
"The UN Charter forms a strong foundation for the interpretation of existing international laws underlined by inter alia the principles of State sovereignty, sovereign equality, and settlement of international disputes by peaceful means. It is the Charter’s emphasis on these principles that is fully aligned with Kenya’s peaceful stance in international affairs."<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], 54.</ref><section end=KE_2021 sovereignty />
 
"The UN Charter forms a strong foundation for the interpretation of existing international laws underlined by inter alia the principles of State sovereignty, sovereign equality, and settlement of international disputes by peaceful means. It is the Charter’s emphasis on these principles that is fully aligned with Kenya’s peaceful stance in international affairs."<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], 54.</ref><section end=KE_2021 sovereignty />
   
==[[International human rights law]]==
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==International human rights law==
 
<section begin=KE_2021 international human rights law />
 
<section begin=KE_2021 international human rights law />
 
"Kenya notes that there is a strong body of International Law which can be applied in the context of ICTs including Human Rights Law based on the Universal Declaration of Human Rights, International Humanitarian Law (recognizing that, unfortunately, not only can ICTs become a source of conflict, but they are increasingly both used and developed during conflicts between States) and Customary International Law. All these laws should be studied and analyzed in a fair, open, peace-loving and balanced manner in order to adopt a utilitarian body of International Law that guides the use of information and communication technology in the context of international security."
 
"Kenya notes that there is a strong body of International Law which can be applied in the context of ICTs including Human Rights Law based on the Universal Declaration of Human Rights, International Humanitarian Law (recognizing that, unfortunately, not only can ICTs become a source of conflict, but they are increasingly both used and developed during conflicts between States) and Customary International Law. All these laws should be studied and analyzed in a fair, open, peace-loving and balanced manner in order to adopt a utilitarian body of International Law that guides the use of information and communication technology in the context of international security."
 
<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], 54.</ref><section end=KE_2021 international human rights law />
 
<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], 54.</ref><section end=KE_2021 international human rights law />
   
==[[International humanitarian law (jus in bello)|International humanitarian law (''jus in bello'')]]==
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==International humanitarian law (''jus in bello'')==
 
<section begin=KE_2021 IHL />
 
<section begin=KE_2021 IHL />
 
"Kenya notes that there is a strong body of International Law which can be applied in the context of ICTs including Human Rights Law based on the Universal Declaration of Human Rights, International Humanitarian Law (recognizing that, unfortunately, not only can ICTs become a source of conflict, but they are increasingly both used and developed during conflicts between States) and Customary International Law. All these laws should be studied and analyzed in a fair, open, peace-loving and balanced manner in order to adopt a utilitarian body of International Law that guides the use of information and communication technology in the context of international security."
 
"Kenya notes that there is a strong body of International Law which can be applied in the context of ICTs including Human Rights Law based on the Universal Declaration of Human Rights, International Humanitarian Law (recognizing that, unfortunately, not only can ICTs become a source of conflict, but they are increasingly both used and developed during conflicts between States) and Customary International Law. All these laws should be studied and analyzed in a fair, open, peace-loving and balanced manner in order to adopt a utilitarian body of International Law that guides the use of information and communication technology in the context of international security."

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