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Bringing the Law In: Unlearned Lessons for Diplomats and Others

By | December 22, 2021

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For over twenty years, "developments in the field of information and telecommunication in the context of international security" has been on the agenda of the United Nations (UN). In 2003, the UN General Assembly established the first formal group of governmental experts (UN GGE) to study existing and potential threats in the sphere of information security and possible cooperative measures to address them. From the beginning of this process, the role of international law has been part of the discussions about existing threats in cyberspace and what measures could be taken to minimize those threats. Indeed, at the conclusion of the first UN GGE in 2004, the Chairman explained that the group was unable to conclude a consensus report because, among other reasons, there were "differing interpretations of current international law in the area of international information security." Since the conclusion of this first UN GGE, there have been six more GGEs, with the last one wrapped up in May 2021. Each of these groups were tasked with studying the potential threats from State malicious actions in cyberspace and how international law applied to such State actions, among other topics. In 2018, to expand the representation of States involved in the study, a parallel process–the Open-Ended Working Group (OEWG) on Information and Communication Technology Developments in the Context of International Security–was established at the UN. It is fully composed of UN members. The OEWG was directed to study, among other issues, how international law applies in cyberspace. On March 12, 2021, the OEWG adopted its Final Substantive Report.

 

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