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National positions on international law in cyberspace

As of 30 September 2026.

Full title National and common positions of States and regional organisations on the application of international law to the use of information and communications technologies (ICTs)
Type Overview of official State and regional positions (unilateral statements; UN compendium)
Adopted by Individual States; African Union; European Union and its Member States
Adopted Since 2012 (first comprehensive statements); UN official compendium A/76/136 of 13 July 2021
Legal status Unilateral statements of legal views (evidence of opinio juris and State practice); not binding instruments
Official text UN, Official compendium of voluntary national contributions (A/76/136) · Cyber Law Toolkit – list of national positions
Subject area Use of force, intervention and cyber operations; Armed conflict (international humanitarian law); UN processes and institutions

Overview

States have agreed in the UN Groups of Governmental Experts (GGE) and Open-ended Working Groups (OEWG) that international law, and in particular the UN Charter, applies to the use of ICTs by States (see ict_norms). How specific rules apply has been set out in an increasing number of official national positions. The 2019–2021 GGE was mandated by General Assembly resolution 73/266 to annex an official compendium of voluntary national contributions; it was issued as A/76/136 (13 July 2021) and contains the contributions of 15 States. According to UNIDIR, 35 States had published national positions by the end of the OEWG 2021–2025 (23 at its start in December 2021 and 12 during its mandate), together with two regional organisations, the African Union and the European Union; several further States announced that they were preparing positions. The Cyber Law Toolkit of the NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE) collects and summarises published positions.

Provisions relevant to the cyber and information sphere

Contributions in the UN official compendium A/76/136 (2021): Australia, Brazil, Estonia, Germany, Japan, Kazakhstan, Kenya, Netherlands, Norway, Romania, Russian Federation, Singapore, Switzerland, United Kingdom, United States.

Positions listed in the Cyber Law Toolkit (year of statement; several States have issued more than one):

State / organisation Year(s)
African Union (Common African Position) 2024 – see au_common_position
Australia 2020
Austria 2024
Brazil 2021
Canada 2022
China 2021
Costa Rica 2023
Czech Republic 2020, 2024
Denmark 2023
Estonia 2019, 2021
Finland 2020
France 2019
Germany 2021 – see germany
Iran 2020
Ireland 2023
Israel 2020
Italy 2021
Japan 2021
Kenya 2021
Netherlands 2019
New Zealand 2020
Norway 2021
Pakistan 2023
Poland 2022
Romania 2021
Russian Federation 2021
Singapore 2021
Sweden 2022
Switzerland 2021
United Kingdom 2018, 2021, 2022
United States 2012, 2016, 2020, 2021

Further official positions:

The list is not exhaustive.

Application to cyber and information operations

Published positions converge on the applicability of the UN Charter, the principle of non-intervention and State responsibility, but differ on several points:

  • Sovereignty as a rule – The United Kingdom (2018, 2021) does not consider that the general concept of sovereignty provides a basis for a specific rule or prohibition for cyber conduct beyond that of non-intervention. France (2019), the Netherlands (2019), Germany (2021) and the African Union (2024), among others, treat respect for sovereignty as a rule that can be violated by cyber operations; France and the African Union do so without requiring a threshold of harmful effects. Israel (2020) noted diverging views on whether sovereignty is a principle or a binding rule.
  • Thresholds for use of force and intervention – Most positions apply a “scale and effects” test for the use of force derived from the Nicaragua judgment (icj_nicaragua) and require coercion for prohibited intervention; they differ on how these apply to operations without physical effects and to influence or disinformation campaigns, for example in relation to elections.
  • Due diligence – France (2019), the African Union (2024) and the EU Declaration (2024) present due diligence as a binding obligation (of conduct). Israel (2020) stated that due diligence does not, at this point in time, translate into a binding rule in the cyber context, and the United Kingdom (2021) considers that there is not yet sufficient State practice to establish a specific cyber due diligence rule.
  • Countermeasures – Estonia (2019) takes the view that States not directly injured may apply countermeasures in support of an injured State; France (2019) excludes collective countermeasures; New Zealand (2020) is open to the proposition that victim States may, in limited circumstances, request assistance from other States in applying proportionate countermeasures.
  • International humanitarian law – Most positions affirm the applicability of IHL to cyber operations in armed conflict. At the end of the 2016–2017 GGE, Cuba objected (23 June 2017) to draft language on self-defence, IHL and countermeasures, stating that applying IHL to ICTs would legitimise a scenario of war. According to UNIDIR, a few delegations cautioned against including language on IHL in the final report of the OEWG 2021–2025, which records that States expressed diverse views on issues such as sovereignty, State responsibility, due diligence and IHL; some States called for new legally binding obligations.

Recent developments

  • 2025-02-18: Colombia presented its national position at the OEWG (UNIDIR side event).
  • 2025-07-05: Thailand released its national position.
  • 2025-07-08: The Republic of Korea announced its national position.
  • 2026-06: UNIDIR published its analysis of the international law discussions in the OEWG 2021–2025.

Sources

Change log

  • 2026-09-30: Entry created.
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