Peaceful settlement of disputes

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National positions

Canada (2022)

"41. A central, and at times overlooked, rule of international law is the obligation of every State, under the UN Charter, to seek the settlement of disputes by peaceful means.[1] This is closely related to the prohibition of the threat or use of force.[2] Like that prohibition, it applies in cyberspace just as it does elsewhere. Thus, Canada considers that in line with the UN Charter, in case of disputes States may seek solutions through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements, or other peaceful means of their own choice.

42. The obligation to seek the settlement of disputes by peaceful means is not unlimited, nor does it diminish other international legal obligations or rights, such as the inherent right of self-defence.

43. Canada considers that a State may always respond to an unfriendly act or an internationally wrongful act with unfriendly acts provided they are not contrary to international law.[3]

Estonia (2021)

It is an obligation for states to settle their international disputes that endanger international peace and security by peaceful means.

"As outlined in the UN Charter, possible solutions to settle disputes between states include negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, and other internationally lawful action.

In accordance with the UN Charter Chapter VI, the UN Security Council may also call upon the parties, when it deems necessary, to settle their dispute by such peaceful means. In specific cases with respect to cyber activities endangering international peace and security, the other powers and responsibilities of the UN Security Council outlined in the UN Charter may be exercised in order to maintain and restore international peace and security.

The obligation to seek peaceful settlement of disputes does not preclude a state’s inherent right for self-defence in response to an armed attack, the right for taking lawful countermeasures, or other lawful action."[4]

Japan (2021)

"Any international disputes involving cyber operations must be settled through peaceful means pursuant to Article 2(3) of the UN Charter. In addition, pursuant to Article 33 of the UN Charter, the parties to any dispute involving cyber operations, the continuance of which is likely to endanger the maintenance of international peace and security, must first of allseek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. In order to ensure the peaceful settlement of disputes, the powers of the Security Council based on Chapters VI and VII of the UN Charter and the functions of the other UN organs, including ICJ based on Chapter XIV of the UN Charter and the Statute of the International Court of Justice should be used in disputes stemming from cyber operations."[5]

Kenya (2021)

"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."[6]

"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."[7]

Singapore (2021)

"[..]the obligation of all States to settle their international disputes by peaceful means, in such a manner that international peace and security are not endangered."[8]

"Singapore’s view is that the obligation of all States to settle their international disputes by peaceful means, in such a manner that international peace and security are not endangered, remains a key principle underpinning the international legal order."[9]

"Singapore shares the concerns of other States on the escalation of conflicts in the cyber sphere, against the backdrop of continuing fast-paced developments in technology. Singapore affirms the key principle enshrined in the UN Charter that States shall settle their international disputes by peaceful means, in such a manner that international peace and security are not endangered. This obligation applies in cyberspace as it does in the physical world and does not impair the inherent right of States to take measures consistent with international law and as recognised under the UN Charter."[10]

Switzerland (2021)

"In accordance with Art. 2 para. 3 and Art. 33 of the UN Charter, disputes which may endanger the maintenance of international peace and security should be settled by peaceful means. This includes diplomatic proceedings, arbitration or recourse to the International Court of Justice (ICJ). As a neutral country with long-standing experience and engagement in the provision of good offices, Switzerland is committed to upholding this principle in cyberspace, emphasising the overriding aim of ensuring that cyberspace is used for peaceful purposes only. Switzerland therefore welcomes the UN GGE's 2015 report and the OEWG 2019/2021 report confirming the peaceful settlement of disputes as one of the UN Charter's central principles, which is also applicable to cyberspace. Consequently, disputes in cyberspace should also be settled by peaceful means, not with unilateral measures."[11]

United Kingdom (2021)

"Article 2(3) and the provisions of Chapter VI of the Charter on the peaceful settlement of disputes can equally apply in relation to States’ activities in cyberspace. Thus, in accordance with Article 33(1), States that are party to any cyber-related international dispute the continuation of which is likely to endanger the maintenance of international peace and security, shall endeavour to settle such dispute by peaceful means as described in Article 33 of the Charter: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice."[12]

United Kingdom (2022)

"Where a State falls victim to unlawful cyber activity carried out against it by another State, it may also be appropriate to pursue remedies through the courts. Current events in Ukraine have demonstrated the continued relevance of forums like the International Court of Justice (ICJ) in the context of a wider response. The UK has accepted the compulsory jurisdiction of the ICJ, and we encourage others to do likewise."[13]

Appendixes

See also

Notes and references

  1. ↑ Government of Canada, International Law applicable in cyberspace, April 2022, See Footnote [27], UN Charter, supra note 7, Art. 2(3), Art. 33(1); Tallinn Manual 2.0, supra note 15, Rule 65 at 303.
  2. ↑ Government of Canada, International Law applicable in cyberspace, April 2022, See Footnote [28], UN Charter, supra note 7, Art. 2(4).
  3. ↑ Government of Canada, International Law applicable in cyberspace, April 2022
  4. ↑ 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, 29.
  5. ↑ Ministry of Foreign Affairs of Japan, Basic Position of the Government of Japan on International Law Applicable to Cyber Operations, 16 June 2021, 6
  6. ↑ 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.
  7. ↑ 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.
  8. ↑ 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, 83.
  9. ↑ 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, 84.
  10. ↑ 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, 85.
  11. ↑ Federal Department of Foreign Affairs, ‘Switzerland's position paper on the application of international law in cyberspace’ (May 2021) 2.
  12. ↑ United Kingdom Foreign, Commonwealth & Development Office, Application of international law to states’ conduct in cyberspace: UK statement, 3 June 2021
  13. ↑ Attorney General Suella Braverman: International Law in Future Frontiers, 19 May 2022

Bibliography and further reading

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