Editing National position of the Czech Republic (2020)

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This is the position of the Czech Republic on international law applicable to cyber operations. The position<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020]; [https://www.nukib.cz/download/publications_en/CZ%20Statement%20-%20OEWG%20-%20Capacity-building%2013.02.2020.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 13 February 2020].</ref> has been presented in two parts on 11 and 13 February 2021 in New York during the second substantive session of the Open-ended Working Group on developments in the field of information and telecommunications in the context of international security of the First Committee of the General Assembly of the United Nations.
 
This is the position of the Czech Republic on international law applicable to cyber operations. The position<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020]; [https://www.nukib.cz/download/publications_en/CZ%20Statement%20-%20OEWG%20-%20Capacity-building%2013.02.2020.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 13 February 2020].</ref> has been presented in two parts on 11 and 13 February 2021 in New York during the second substantive session of the Open-ended Working Group on developments in the field of information and telecommunications in the context of international security of the First Committee of the General Assembly of the United Nations.
   
==[[Applicability of international law]]==
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==Applicability of international law==
<section begin=CZ_2020 applicability />
 
 
"[...]as stated by the GGE and many of my colleagues here, existing international law applies to cyberspace in its entirety. Indeed, existing international law provides us with all the necessary tools to prevent actual conflicts in cyber domain. The issue at stake is not a gap in existing law, but compliance with existing law and reaching a common understanding on how to apply the law to today’s environment."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 2</ref>
 
"[...]as stated by the GGE and many of my colleagues here, existing international law applies to cyberspace in its entirety. Indeed, existing international law provides us with all the necessary tools to prevent actual conflicts in cyber domain. The issue at stake is not a gap in existing law, but compliance with existing law and reaching a common understanding on how to apply the law to today’s environment."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 2</ref>
   
 
"[...]the Czech Republic opposes negotiating a new legal instrument, because the developments in ICTs are so rapid and dynamic as to render any potential result of such effort obsolete, perhaps even before we all ratify the outcome. Instead, the Czech Republic prefers achieving a robust consensus on a dynamic application of international law which will be able to adapt to new developments."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 2</ref>
 
"[...]the Czech Republic opposes negotiating a new legal instrument, because the developments in ICTs are so rapid and dynamic as to render any potential result of such effort obsolete, perhaps even before we all ratify the outcome. Instead, the Czech Republic prefers achieving a robust consensus on a dynamic application of international law which will be able to adapt to new developments."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 2</ref>
   
"For obvious historical reasons, none of the existing international law instruments explicitly refer to cyber issues. However, this does not mean these instruments somehow cannot be applied to cyberspace. On the contrary, in its advisory opinion of 1971 the International Court of Justice found that an international instrument has to be interpreted and applied within the framework of the entire legal system prevailing at the time of the interpretation. This concept of dynamic, or evolutionary interpretation is also implied in Article 31(3)b of the Vienna Convention on the Law of Treaties."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 2</ref><section end=CZ_2020 applicability />
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"For obvious historical reasons, none of the existing international law instruments explicitly refer to cyber issues. However, this does not mean these instruments somehow cannot be applied to cyberspace. On the contrary, in its advisory opinion of 1971 the International Court of Justice found that an international instrument has to be interpreted and applied within the framework of the entire legal system prevailing at the time of the interpretation. This concept of dynamic, or evolutionary interpretation is also implied in Article 31(3)b of the Vienna Convention on the Law of Treaties."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 2</ref>
   
==[[Sovereignty]]==
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==Sovereignty==
 
<section begin=CZ_2020 sovereignty />
 
<section begin=CZ_2020 sovereignty />
 
"[...]the Czech Republic recalls that the principles of sovereignty and sovereign equality of States are cornerstones of the UN Charter and thus concurs with the conclusion contained in the report of the UN GGE that in their use of ICT´s States are obliged to observe principles of international law, including the principle of sovereignty. The Czech Republic concurs with those considering the principle of sovereignty as an independent right and the respect to sovereignty as an independent obligation.
 
"[...]the Czech Republic recalls that the principles of sovereignty and sovereign equality of States are cornerstones of the UN Charter and thus concurs with the conclusion contained in the report of the UN GGE that in their use of ICT´s States are obliged to observe principles of international law, including the principle of sovereignty. The Czech Republic concurs with those considering the principle of sovereignty as an independent right and the respect to sovereignty as an independent obligation.
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D. cyber operation against a State or entities or persons located therein, including international organisations, conducted by a physically present organ of another State;"<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 3</ref><section end=CZ_2020 sovereignty />
 
D. cyber operation against a State or entities or persons located therein, including international organisations, conducted by a physically present organ of another State;"<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 3</ref><section end=CZ_2020 sovereignty />
   
==[[International human rights law]]==
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==International human rights law==
 
<section begin=CZ_2020 international human rights law />
 
<section begin=CZ_2020 international human rights law />
 
"[...]the Czech Republic also recognizes that the rights of states to exercise exclusive jurisdiction over the ICTs located on its territory gives rise not only to rights but also obligations. In particular, the Czech Republic wishes to reiterate that international human rights law is applicable to cyberspace in its entirety.
 
"[...]the Czech Republic also recognizes that the rights of states to exercise exclusive jurisdiction over the ICTs located on its territory gives rise not only to rights but also obligations. In particular, the Czech Republic wishes to reiterate that international human rights law is applicable to cyberspace in its entirety.
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"[...]the Czech Republic welcomes initiative of Freedom Online Coalition and fully supports its recent Joint statement on Human Rights Impact of Cybersecurity Laws, Practices and Policies approved at the summit in Accra[...]."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 4</ref><section end=CZ_2020 international human rights law />
 
"[...]the Czech Republic welcomes initiative of Freedom Online Coalition and fully supports its recent Joint statement on Human Rights Impact of Cybersecurity Laws, Practices and Policies approved at the summit in Accra[...]."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 4</ref><section end=CZ_2020 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=CZ_2020 IHL />
 
<section begin=CZ_2020 IHL />
 
"[...] the Czech Republic recognizes that International humanitarian law (IHL) applies to cyber operations during armed conflicts, on the understanding that this neither encourages the militarization of cyberspace, nor legitimizes cyber warfare, just as IHL does not legitimize any other form of warfare.
 
"[...] the Czech Republic recognizes that International humanitarian law (IHL) applies to cyber operations during armed conflicts, on the understanding that this neither encourages the militarization of cyberspace, nor legitimizes cyber warfare, just as IHL does not legitimize any other form of warfare.
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It is essential to underline that IHL does not promote the militarisation of cyberspace. On the contrary, it reduce its lawful military use by creating limits and requiring for all used means and methods to be employed in accordance with its rules; including the principles of humanity and distinction and the principle of proportionality."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 4</ref><section end=CZ_2020 IHL />
 
It is essential to underline that IHL does not promote the militarisation of cyberspace. On the contrary, it reduce its lawful military use by creating limits and requiring for all used means and methods to be employed in accordance with its rules; including the principles of humanity and distinction and the principle of proportionality."<ref> [https://ccdcoe.org/uploads/2018/10/CZ_Statement-OEWG-International-Law-11.02.2020_English.pdf, Richard Kadlčák, Statement of the Special Envoy for Cyberspace and Director of Cybersecurity Department of the Czech Republic, 11 February 2020], 4</ref><section end=CZ_2020 IHL />
   
==[[Due diligence]]==
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== Due diligence ==
 
<section begin=CZ_2020 due diligence/>
 
<section begin=CZ_2020 due diligence/>
 
As for ensuring cyber security worldwide, the Czech Republic would like to point out one very important element - application of due diligence to the use of ICTs. As already mentioned by some of my colleagues in the segment on international law, and as recognized
 
As for ensuring cyber security worldwide, the Czech Republic would like to point out one very important element - application of due diligence to the use of ICTs. As already mentioned by some of my colleagues in the segment on international law, and as recognized
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