European Council approves declaration on application of international law in cyberspace

The European Council has approved a declaration by the European Union and its Member States on a common understanding on the application of international law in cyberspace.

The declaration notes that international law remains fit for purpose in this digital domain and reiterates that States must adhere to certain rules and obligations when conducting activities in cyberspace.

This is the first time that the EU and its Member States have adopted a declaration on this specific topic.

The declaration follows the repeated endorsement by the UN General Assembly of a framework for responsible state behaviour in cyberspace, based on the application of international law.

The Declaration is linked to the efforts undertaken at the United Nations level, specifically the “United Nations Open-ended Working Group (OEWG)” on the security and use of information and communication technologies in the period 2021-2025, established by UN General Assembly resolution A/RES/75/240 in 2021. The Declaration recognizes that malicious behavior in cyberspace, including ransomware, is increasing in scale, severity, sophistication and impact, posing a major challenge and threat to the functioning of European societies, economies and way of life. However, cyberspace is not a lawless domain.

A statement by the European Council in Brussels said that respect for and adherence to the UN Framework for Responsible State Behavior in Cyberspace remains essential for the maintenance of international peace, security and stability.

The European Union and its Member States reaffirm their full commitment to the implementation of the UN Framework for Responsible State Behavior in Cyberspace, adopted by consensus and reiterated by the UN General Assembly on several occasions.

The statement said that the EU and its Member States will continue to work with international partners to establish a single, permanent, comprehensive, regular and action-oriented UN mechanism to implement and promote responsible state behaviour in cyberspace.

With this announcement, the statement said: The EU and its Member States demonstrate that it is possible to reach a common understanding on a set of basic principles and rules of international law applicable to cyberspace. A better shared global understanding of how international law applies to cyberspace contributes to strengthening global cyber resilience and increasing transparency, predictability and accountability of state behaviour in cyberspace.

In this context, the EU and its Member States continue to support third countries through training and capacity building on the implementation of the UN Framework for Responsible State Behaviour in Cyberspace, including on how to develop a national, regional or international position on the application of international law to cyberspace.