Why Application of International Law Applies to ASEAN.pdf
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.
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Why Application of International Law Applies to ASEAN.pdf
- 3. Adopted Norms Support development of cyber norms, referring to 2015 UNGGE Propose mechanism Singapore would propose a mechanism to enhance ASEAN cyber coordination Agree to move Agreed to move forward on a formal cybersecurity coordination mechanism Checklist Singapore + United Nations to draw up a checklist of steps to implement cyber norms Design by PresentationGo
- 4. 4 Capacity building for international cyber norms in southeast asia
- 5. NO. NORMS ACTION PLANS ACTION ITEMS/ ACTIVITIES EXISTING ASEAN- RELATED DOCUMENTS/ INITIATIVES CHALLENGES CAPACITIES REQUIRED TIME FRAME LEAD ASEAN COUNTRY INTERESTED PARTNERS (state, organisation etc.) (a) (b) (c) (d) (e) (f) (g) (h) (i) 1. Cooperate in developing and applying measures to increase stability and security in the use of ICTs and to prevent ICT practices that are acknowledged to be harmful or that may pose threats to international peace and security. Example: Active participation in regional and international fora in security in the use of ICTs. Example: Conduct training and exercises concerning the security in the use of ICTs among AMS. Encourage bilateral agreements /MoUs on ICTs security among AMS. Example: Annual ASEAN- Japan Table Top Exercise ARF Work Plan on Security of and in the use of ICTs ASEAN Charter Treaty of Amity and Cooperation Example: Funding Expertise to develop the scenario. Identifying partners. Different level of capabilities between states. Example: Fund to host the training Fund to fund participants Expert trainers Equivalent legislations, infrastructure and expertise
- 6. No. Supports Norms Initiative Area Outcome Existing ASEAN Initiatives Sectoral Bodies (Lead Country) 1. 1 Policy-level table-top simulation exercise on cyber incident responses. Awareness of situations where cyber-incidents can lead to international conflicts is improved. Output: ASEAN table-top simulation exercises on responding to cyberattacks. ARF table-top exercise on cybersecurity incidents. ADMM Plus table-top exercise on cybersecurity incidents. ARF ISM on ICTs Security (Singapore) ADMM Plus EWG on CS (Malaysia)
- 7. ACICE (ASEAN Cyber Information Centre of Excellence) ACICE (ASEAN Cyber Information Centre of Excellence) to “promote cooperation on cybersecurity and information within the defense sector, to “promote cooperation on cybersecurity and information within the defense sector, enhance multilateral cooperation amongst ASEAN defense establishments enhance multilateral cooperation amongst ASEAN defense establishments against cyber attacks, disinformation, and misinformation.” against cyber attacks, disinformation, and misinformation.”
- 8. 8 Capacity building for international cyber norms in southeast asia
- 9. 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
- 10. Cooperation among members and with external partners (UN, SCO, GCC) Economic Political Security
- 11. Potential • Business • Information Exchange • Culture Risks • Cybercrime • Terrorists • Disinformation
- 14. Confidentiality Integrity CIA Triad Availability Confidentiality - Data breach (SingHealth) - Trade secrets Integrity - Software (Solarwinds) - Nuclear power plant (Stuxnet) Availability - Ransomware or wiperware (NotPetya) - DDOS
- 20. • Only target military objectives, not civilian objects Principle of Distinction • Collateral damage to civilian objects should not be in excess to the concrete and direct military advantage Principle of Military Necessity and Proportionality • The commander should (reasonably) determine the effects of the attack Principle of Precautions in Attack
- 23. US China European Union States have right of self-defence in cyberspace Will not define application of self-defence and IHL, in the absence of international consensus Addressing questions of applicability of IHL is necessary for accountability Applying LOAC in cyber does not endorse cyber conflict but reminds states to protect Applying LOAC to cyber = legitimises cyber conflict Applying LOAC in cyber does not endorse cyber conflict No new international legal instrument needed, can interpret existing law States must reach international consensus, new international legal instruments No new international legal instrument needed, can interpret existing law Source: EU Cyber Direct
- 30. APT Target countries Target entities FunnyDream (C) Malaysia, Philippines, Thailand, Vietnam High-level government organisations; political parties Platinum Indonesia, Malaysia, Vietnam Diplomatic and government entities Cycldek (C) Laos, Philippines, Thailand, Vietnam Government, defence, and energy sectors HoneyMyte Myanmar, Singapore, Vietnam Government organisations Finspy Indonesia, Myanmar, Vietnam Individuals PhantomLance Indonesia, Malaysia, Vietnam Entities Zebrocy (R) Malaysia, Thailand Entities [source: Kaspersky] Economic and Geopolitical intelligence gathering
- 31. Digitisation growing faster than cyber awareness • Growth of cybercrime during the pandemic Need for strategy / policy / institutions to own it • Cyber Strategy? Cyber Agency? Lack of resources • R&D • Cyber Expertise Priorities • Cybercrime? • Fake news? Some states have offensive cyber capability Language and Culture
- 32. Concept Perception Cyber Security or Information Security? Threat Perception: Who are the most serious Cyber Threats to me? Priority Perception What Cyber problem do I fix first?
- 36. • Promote cyber hygiene • R&D • Build awareness • Secure the data • Policies • Strategies • Laws Government Businesses Public Civil society and Academi a