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1/8 How do States understand int'l law applies in cyberspace? As OAS Juridical Committee Special Rapporteur, I've been asking Member States that question and my latest report surveying 8 responses is now online: http://www.oas.org/en/sla/iajc/docs/CJI_doc_603-20_rev1.pdf
2/8 My project is all about transparency (not codification); getting States to take positions on what are cyber "attacks" for both the jus ad bellum and jus in bello; how "control" over non-state actors works & whether sov'ty & due diligence operate as constraining rules in cyber
3/8 To date, I've gotten substantive responses from Bolivia, Chile, Costa Rica, Ecuador, Guatemala, Guyana, & Peru; the US referenced earlier official statements & speeches while Brazil deferred to its work in the #UNGGE
4/8 In addition to their substance, several responses call attention to the need for more capacity building in this area; making sure foreign ministry lawyers understand not just the technical capacity of cyber ops, but also the relevant legal issues they raise
5/8 The goal is improving our understanding of where state views converge (and, just as importantly, diverge) as a way to avoid inadvertent escalations and provide grounds for further dialogue. As such, it's meant to be complimentary to #UNOEWG and #UNGGE efforts
6/8 It also adds additional perspectives to recent official statements and speeches from the Australia, Estonia, France, Germany, Netherlands, the UK, & the US that've already garnered a fair bit of attention: https://www.thehaguecybernorms.nl/research-and-publication-posts/application-of-international-law-to-cyber-operations-a-comparative-analysis-of-states-views
7/8 I'd also hope it may also help inform new efforts like Australia and Mexico's call for national implementation statements re the 2015 UNGGE norms. @iMoralesTenorio @_JohannaWeaver
8/8 The OAS Department of Int'l Law has invited additional Member State responses thru June 2020. So, other Member States have time to go on the record. I'd encourage all interested States to do so!
