There is no international definition of these concepts in cyberspace
Armed attack
Use of force
Act of war
Traditional definitions require physical damage or physical injury
Rules of Law of Armed Conflict / International Humanitarian Law(but in cyber?)
Distinction – must distinguish between civilians and military targets
Proportionality – must avoid excessive harm to civilians / objects
Military necessity – allows force that is reasonable, lawful (see above), and operationally justified
Limitation – prohibits tactics that cause unnecessary suffering
Humane treatment – e.g., of captured prisoners
Do we need a Binding Legal Instrument?
US - No new international legal instrument needed, can interpret existing law
China - States must reach international consensus, new international legal instruments
EU - No new international legal instrument needed, can interpret existing law
ASEAN chooses its own terms on norms/law
ASEAN supported both UNGGE and OEWG tracks in 2018 – Indonesia, Singapore, and the Philippines said both processes were not incompatible
ASEAN has always followed its instinct of creating an internationally agreed, rules-based order based on its own interests, which is consistent with other arenas where international law or rules are unsettled
ASEAN may even consider plurilateral treaties
What ASEAN states need to move forward
Common language related to cyberspace
Legislation that can be translated across members
Capacity building in
Cyber issues, policy making, critical infrastructure protection (ASCCE) and
Military operations (ADMM Cyber and Information COE)
Confidence building measures e.g., CERT-CERT communications, contact lists
More participation from states, academia, and civil society
What is Cybersecurity – C, I, A?
Cybersecurity or Information Security?
Activities of foreign political, economic, military, intelligence, and information entities
The striving of countries toward dominance in the world information space
Development (by states) of information war concepts that create means for dangerous attack on the information spheres of other countries
Infringing the state’s control over information flows and public opinion (called “cyber sovereignty”)
ASEAN leaders
Value the principles of “mutual respect” and “non-interference”
View sovereignty as sacrosanct principle among ASEAN member states
Do not define ‘sovereignty’ – this provides flexibility in foreign and domestic policy
ASEAN member states also attach great importance to the creation of an international rules-based order,
which includes forming and adhering to international law and norms.
like the UN Convention of the Law of the Sea or UNCLOS.