Statement by Vassily Nebenzia, Permanent Representative of the Russian Federation to the United Nations, at the “Arria-formula” VTC of the UNSC members on cyber-attacks against critical infrastructure
Mr. President,
We thank the Indonesian presidency for its efforts to contribute constructively to the multilateral discussion on international information security (IIS). I recognize the presence of our distinguished briefers at this meeting and welcome their participation in this debate. The relevance of this topic is unprecedentedly high today. Amid the COVID-19 pandemic almost all communications has been digitalized. Government services, banks, hospitals, schools as well as other essential institutions now rely on digital infrastructure more than ever. The political, military, terrorist and criminal threats in this field are also mounting.
It is even more regrettable that certain countries are attempting to justify unilateral pressure and sanctions on other Member States and even possible use of force against them under the pretext of the ‘full and unconditional application of existing international law, in particular humanitarian, in information space’. This includes the notorious concept of ‘preventive military cyber strikes’ which is based on flawed interpretation of the alleged right to “self-defense” in cyber space. We also note with concern a dangerous tendency to artificially differentiate between the norms that should guide the states’ behavior in “peacetime” and those that should guide it in “an armed conflict”.
We completely reject these concepts and stand firmly for the use of ICTs for peaceful purposes only. The conflict in information space should be prevented rather than regulated. The role of the UN in this process is unique and indispensable.
Mr. President,
In this regard, I would like to share with you several points.
1. We would like to emphasize that currently there is no universal consensus on how international law can be practically applied in the digital field. There is just a very general understanding that it is clearly not a lawless zone. In particular, the UN Charter and the Declaration on principles of international law are generally applicable. However, the relevant UN groups of governmental experts argue that since the ICTs are very unique by nature, there is a need to further study how the norms of international law shall apply to their use by states. Moreover, it has been underscored by these groups that given the unique attributes of ICTs, additional norms could be developed over time. This was a hard-won and a fragile consensus formula, which should not be questioned.
So far we are not even close to the understanding on the practical application of international law in this field. There are still gaps and loopholes. It is illustrative, for example, that there is no universally agreed qualifier either for a notion of sovereignty in the information space, or for malicious activity in it, including computer attacks on the information resources of states. As for the IHL, there is no definition for an “armed conflict” or aggression in the use of ICTs. It is unclear how the combatants and non-combatants can be differentiated or how the principles of distinction, proportionality, and humanity can be applied.
In this regard, we view with concern the attempts to frame national visions on this matter as ready-made guidelines for the international community. Any ‘ultimate judgement’ on this issue can only be a product of negotiations with the participation of all Member States and should enjoy universal consensus.
2. The whole set of issues related to the IIS is being discussed now in the relevant UNGA Open-Ended Working Group, which is uniquely positioned to address this issue. It is the only inclusive and democratic negotiation mechanism on IIS in the UN where all Member States can voice their concerns and be a part of decision-making. The priority is to elaborate a comprehensive, attuned to the current reality set of universal rules, norms and principles of responsible behavior of states in the information space and to ensure the continuity of the inclusive and transparent dialogue on IIS at the UN. The UNGA adopted initial set of such rules on the Russian initiative in 2018.
We call on all Member States to actively participate in the drafting of the outcome report of the OEWG. At the same time, we should not try to prejudge its conclusions neither in the Council, nor anywhere else in the UN. More than that – we see no added value in relaunching from scratch the Security Council discussion of the issues that have already been discussed in-depth in relevant governmental groups of experts and in the Open-ended Working group. The OEWG’s leading role in these matters was so decided by the Member States. In this regard, we believe that it is too early at this stage to implement the proposals of the Secretary-General set in the Digital Roadmap to work on a Member States statement of Trust and Security.
3. The protection of critical infrastructure is extremely important. However, it cannot be separated from a broader goal to adopt the above-mentioned rules of responsible behavior of states. Once they are in place, the states will take up an obligation to refrain from attacks on this infrastructure. It should not be limited to the medical facilities only but also embrace other essential services, including education, energy sector, transport, finance, etc.
4. The open-ended intergovernmental committee of experts initiated by Russia to prepare a comprehensive international convention on countering the use of ICTs for criminal purposes is another important step to enhance IIS. It is critically important to join efforts and contribute constructively to the work of the committee.
5. UN-led capacity-building efforts aimed at bridging the digital divide are vitally important and should be strongly supported. We hope that the OEWG will be able at some point to formulate practical recommendations that will meet the expectations of those in need and will be effectively put into practice.
Mr. President,
To conclude, I would like to call on all the Member States to engage constructively in the deliberations of the OEWG in order to build by joint efforts a peaceful ICT-environment for the common good of future generations.
Thank you.
