Themes

Themes Concluded (1998-2023)

International law and State cyber operations

In August 2022, the CJI adopted a report on“International Law Applicable to Cyberspace,” which addresses the current situation regarding multilateral and doctrinal processes. An analysis is provided on major issues of international law on which there are divergences, including, among others, topics on attribution; breach of international obligations; and responses available to a state that has been a victim of a malicious cyber operation. It also integrates official positions expressed within the United Nations framework by the states of the region since 2019. Committee hopes that this study will serve as a reference for OAS member states.

In August 2020, the CJI adopted a report on "International Law and State Cyber Operations: Improving Transparency" which provides clear parameters on the application of international law to cyberspace and presents points of convergence and divergence about the understanding of those international rules within OAS member states, including their reactions to cyber threats. It is a document that seeks to provide more transparency and improve the knowledge in order to limit the risk of escalation or conflict.

In the development of this issue, the Inter-American Juridical Committee discussed the following documents over the years that serve as background information: 

  • 2022
    CJI/doc. 671/22 rev. 2 corr. 1 “International law applicable to cyberspace”

  • 2020
    CJI/RES. 260 (XCVII-O/20) International law and State cyber operations
    CJI/doc. 615/20 rev.1. Improving transparency: International law and state cyber operations - Fifth Report (presented by professor Duncan B. Hollis)
    Report on "International Law and State Cyber Operations: Improving Transparency" | Spanish | French | Portuguese
    CJI/doc. 603/20 rev.1 corr.1 Improving transparency: International law and state cyber operations - Fourth Report (presented by professor Duncan B. Hollis)

  • 2019
    CJI/doc. 594/19 Third report international law & state cyber operations: improving transparency (presented by professor Duncan B. Hollis)
    CJI/doc. 578/19 International law and state cyber operations: improving transparency (presented by professor Duncan B. Hollis)

  • 2018
    CJI/doc. 570/18 International Law and State Cyber Operations: Improving Transparency (presented by professor Duncan B. Hollis)

Questionnaire of the Inter-American Juridical Committee
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