EU Common Position on International Law and Cyberspace

Abstract

The discussion on international law applicable to cyber operations has shifted from asking whether international law applies to cyberspace to how it applies. Recently the European Union declared in its renewed cybersecurity strategy the ambition to develop common EU position on the application of international law in cyberspace. As part of a broader vision in striving for leadership on standards, norms and regulatory frameworks in cyberspace, the joint communication underlined the need for taking a more proactive stance in the discussions at the United Nations and other relevant international fora. However, less than half of the European Union Member States have issued a public statementon the interpretation of international law in cyberspace and hence, reaching a consensus on the interpretation of relevant concepts of international law appears a challenge. This article provides an overview of the current status of EuropeanUnion Member States’ public statements on international law applicable to cyber operations, identifies the domains of international law where convergence of views can be observed and highlights the areas with notable differences.