Comments on Speech by the Attorney General of UK on International Law in Cyberspace

Abstract

In a significant address delivered at the Chatham House, the Attorney General, the Rt Hon Suella Braverman QC MP outlined the United Kingdom’s position on international law’s application in cyberspace. This speech marks a pivotal statement on a crucial topic, following a similar speech by her predecessor in 2018. The speech comprises six sections, with a focus on the core non-intervention principle, its application to key sectors, and avenues for response. Braverman’s stance on this principle is heavily intertwined with the UK’s denial of sovereignty’s obligatory nature in cyberspace, which distinguishes it from the majority of countries advocating for sovereignty-based obligations. While emphasizing the importance of the non-intervention principle, the UK offers a broader interpretation of the “coercion” element, which may inadvertently complicate the distinction between sovereignty and non-intervention principles. Braverman provides illustrative examples of potential non-intervention principle violations in critical sectors, facilitating discussions for more specific guidance. Notably, the speech suggests a leaning toward collective countermeasures without explicitly endorsing their legality, further adding to the international discourse’s complexity. Collective countermeasures remain a contentious topic, with various nations holding contrasting positions. In conclusion, the UK’s proactive approach to shaping international norms in cyberspace offers valuable insights for other nations. While the UK’s stance warrants careful consideration, nations like China must actively engage in research, promote their positions, foster international cooperation, and navigate the evolving landscape of international law in cyberspace. This evolving discourse is crucial for establishing an equitable and secure global digital environment.