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  1. United Nations Charter (1945): The foundational treaty of international law, whose principles (e.g., prohibition on the use of force, right to self-defense, state sovereignty, non-intervention) are widely considered applicable to cyberspace.
  2. Geneva Conventions (1949) and Additional Protocols (1977): These treaties form the core of International Humanitarian Law (IHL) or the Law of Armed Conflict (LOAC), which applies to cyber operations during armed conflict, particularly principles like distinction, proportionality, and necessity.
    • Protocols Additional to the Geneva Conventions of 12 August 1949 2
  3. Tallinn Manuals (1.0, 2.0, 3.0): Academic, non-binding studies by international experts that analyze how existing international law applies to cyber warfare and cyber operations, serving as highly influential interpretive guides.
  4. UN Group of Governmental Experts (GGE) Reports on Developments in the Field of Information and Telecommunications in the Context of International Security: A series of consensus-based reports (e.g., 2010, 2013, 2015, 2021) that affirm the applicability of international law to cyberspace and propose voluntary, non-binding norms for responsible state behavior.
  5. UN Open-Ended Working Group (OEWG) Reports on Security of and in the Use of Information and Communications Technologies: An inclusive process (2019-2021, and new OEWG 2021-2025) that complements the GGE's work, reaffirming international law's applicability and focusing on norms, confidence-building measures, and capacity building.
  6. UN Convention against Cybercrime (2024): A multilateral treaty aimed at enhancing international cooperation to prevent and combat cybercrime, which can be intertwined with cyber warfare activities.
  7. UN Global Digital Compact (2024): A non-binding framework negotiated by UN Member States, committing governments to upholding international law and human rights online, and promoting a safe and secure digital space.
  8. OSCE Confidence-Building Measures (CBMs) in Cyberspace: Practical measures developed by the Organization for Security and Co-operation in Europe to enhance stability, reduce misperception, and prevent escalation in cyberspace.
  9. NATO's Comprehensive Cyber Defence Policy: Affirms NATO's defensive mandate and commitment to deter, defend against, and counter the full spectrum of cyber threats, supporting international law and voluntary norms of responsible state behavior.
  1. Universal Declaration of Human Rights (UDHR) (1948): Article 19 protects the right to freedom of opinion and expression, including the freedom to seek, receive, and impart information, which forms the basis for regulating disinformation while safeguarding human rights.
  2. International Covenant on Civil and Political Rights (ICCPR) (1966): Article 19 protects freedom of expression, while Article 20(2) explicitly prohibits propaganda for war and any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence.2
  3. Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda (2017): Adopted by the UN, OSCE, OAS, and African Commission on Human and Peoples' Rights, this declaration warns against prohibitions on disinformation that violate human rights standards and emphasizes the importance of media freedom.
  4. UN Secretary-General's Report: “Countering disinformation for the promotion and protection of human rights and fundamental freedoms” (2022): Details challenges and responses to disinformation, outlines the international legal framework, and discusses measures taken by states and technology companies, emphasizing human-rights-rooted approaches.
  5. UN Global Principles for Information Integrity (2024): Launched by the UN Secretary-General, these principles provide a framework for coordinating international action to support information integrity and counter disinformation, misinformation, and hate speech, rooted in human rights.
    • UN Global Principles for Information Integrity 29
  6. UN Global Digital Compact (2024): Commits governments to upholding international law and human rights online, including promoting access to independent, fact-based, and timely information to counter mis- and disinformation.
  7. EU Digital Services Act (DSA) (2022) and Code of Practice on Disinformation: The DSA introduces legal obligations for online platforms to combat disinformation, particularly for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), and integrates the voluntary Code of Practice on3 Disinformation as a benchmark for compliance.
  8. EU Foreign Information Manipulation & Interference (FIMI) Toolbox: Developed by the European External Action Service (EEAS), this comprehensive approach focuses on the manipulative behavior of FIMI actors (including disinformation) through situational awareness, resilience building, disruption & regulation, and external action.
  9. Oxford Statement on the Regulation of Information Operations and Activities: An academic statement affirming that international law applies to information operations and activities, and that states must refrain from those violating sovereignty, non-intervention, or human rights.

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legal_information_and_texts.txt · Last modified: 2025/06/02 10:53 by wbauer