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topics:gaps

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Regulatory gaps

As of 30 September 2026.

Overview

This subject area records areas in which no instrument specifically addresses a question relevant to peace in the cyber and information sphere. A gap entry does not mean that no law applies: general rules such as the UN Charter, international humanitarian law and human rights law apply according to their terms. It means that no treaty, political commitment or other instrument deals with the matter as such. Each gap entry describes the nearby instruments, the proposals made and by whom, and the status of any negotiations.

Main points of debate

  • Existence of a gap. Whether the absence of a specific instrument is a gap at all is itself contested: some States and experts consider existing law adequate, while others call for new rules.
  • Autonomous weapons. The UN Secretary-General, the ICRC and a group of States call for a legally binding instrument; other States, including the United States and the Russian Federation, have opposed binding requirements. The Seventh CCW Review Conference in November 2026 is expected to consider a future mandate.
  • Nuclear command and control. Research institutes have proposed norms of restraint or a code of conduct against cyber operations affecting nuclear command, control and communications systems; no negotiating process is under way.

Entries

See also

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