IGF 2022 WS #290 International legal dimensions of cyberspace in Ukraine

Organizer 1: Monica Ruiz, Microsoft
Organizer 2: Kaja Ciglic, Microsoft

Speaker 1: Duncan Hollis, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Stéphane Duguin, Civil Society, Western European and Others Group (WEOG)
Speaker 3: Tsvetelina van Benthem, Civil Society, Western European and Others Group (WEOG)

Moderator

Monica Ruiz, Private Sector, Western European and Others Group (WEOG)

Online Moderator

Kaja Ciglic, Private Sector, Eastern European Group

Rapporteur

Kaja Ciglic, Private Sector, Eastern European Group

Format

Round Table - Circle - 60 Min

Policy Question(s)

• The UN recognized that international law applies to state behavior in cyberspace during its last iteration of dialogues last year. The Oxford Process has further evolved those concepts by analyzing and producing statements on the applicability of international law in cyberspace. In relation to those advancements, can the situation in Ukraine serve as the tipping point to establish binding rules for states delineating what is allowed in cyberspace? And what existing gaps have surfaced due to this conflict?
• Starting just before the invasion, Russia-aligned nation-state actors launched numerous operations against Ukraine – including destructive attacks that are ongoing and threaten civilian welfare. These attacks have not only degraded the systems of institutions in Ukraine but have also sought to disrupt people’s access to reliable information and critical life services on which civilians depend. The destructive attacks have also been accompanied by broad espionage and intelligence activities. What observations can be made regarding the use of cyber tools in this conflict, the effects they have had on civilian populations and what lessons need to be drawn to prevent cyberwar in the future?
• The unjustified and illegal invasion of Ukraine constitutes the first real example of hybrid warfare in a large-scale armed conflict between states. As the international community seeks to find ways to deescalate and put an end to hostilities, the threat of cyberattacks in Ukraine risks inviting retaliations that could expand the conflict further. Does this example highlight the need to further elaborate existing norms or to agree on new norms to avoid future escalation in cyberspace?

Connection with previous Messages:

SDGs

16. Peace, Justice and Strong Institutions


Targets: Holding bad actors accountable for malicious behavior sends an important signal to others in the international community as to what types of actions will be tolerated and which ones clearly cross the line and will prompt a response. Aligned with the SDG target of Peace, Justice and Strong Institutions, this proposal seeks to assess the societal impacts of the conflict in Ukraine and create a call for action to ensure governments exercise restraint, perpetrators are held accountable and the overall levels of cybersecurity and resilience are raised – especially in light of increasing geopolitical tensions.

Description:

According to Microsoft research and data from the CyberPeace Institute, Ukraine is no stranger to being on the receiving-end of cyberattacks. One day before the military invasion, operators associated with the GRU, Russia’s military intelligence service, launched destructive wiper attacks on hundreds of systems in Ukrainian government, IT, energy and financial organizations. This ongoing conflict highlights the escalatory nature of offensive cyber operations and the need to enforce responsible rules of state behavior online. However, unlike other domains of conflict, the rules and boundaries for state behavior in cyberspace remain poorly defined. As a result, cyberattacks in an armed conflict not only have the potential to harm victims, they also open the doors to unintended escalation in cyberspace and across other domains. In line with this year’s IGF theme on “Enabling Safety, Security and Accountability”, this workshop will explore the legal dimensions of the conflict in Ukraine and delve into the risks and harms stemming from violations of international law, including International Humanitarian Law, and agreed norms of responsible state behavior in cyberspace.

Expected Outcomes

• This workshop aims to highlight the impact and risk presented by the cyber elements of the war in Ukraine in order to assess the legal dimensions that apply and explore necessary steps/ gaps in existing international frameworks. By having speakers representing different sectors and regions, in addition to an international lawyer who can offer unique insights, another outcome is to prompt future events that explore this topic in more detail.

Hybrid Format: - How will you facilitate interaction between onsite and online speakers and attendees?
Per the IGF’s guidance, we will be sure to have both onsite and online moderators that will serve as facilitators for participation at the event. Moreover, we look forward to working with the IGF Secretariat (using the Official Online Participation Platform) and the Host Country to leverage the technical tools that will be available to host a successful hybrid discussion.

- How will you design the session to ensure the best possible experience for online and onsite participants?
This workshop session will be designed as an engaging panel discussion with experts that represent different sectors and regions. To ensure the best possible experience for online and onsite participants, it will begin with insights from the speakers and then open up to questions from attendees onsite and online. To add to the experience, we will be sure to share information about this workshop with our networks, and also ask speakers to promote it, to gather as much diverse participation from across sectors and relevant communities.

- Please note any complementary online tools/platforms you plan to use to increase participation and interaction during the session.
To increase participation and interaction during the session, we will leverage the tools available and use the online chat function/ “Raise Hand” feature, so everyone can see audience questions and can input insights/ inquiries throughout.

Online Participation



Usage of IGF Official Tool.