Mr.Chair,colleagues,

It has become an international consensus that cyberspace is a new domain, but not a lawless one. Confirming application of existing international law and formulating new code of conduct and international legal instrument in compliance with the features and developments of cyberspace will help to forge an order for all countries in cyberspace. Regarding how existing international law applies to cyberspace, China has the following comments:

China believes that the applicability of the law of armed conflicts and jus ad bellum needs to be handled with uttermost prudence.

First, this will send a wrong political signal. Currently, some states take cyberspace as a new battlefield, where they pursue an offensive strategy including forging military alliance and developing advanced cyber weapons. In this context,confirming application of the law of armed conflict in cyberspace amounts to introducing rules of engagement in cyberspace and recognizing the legitimacy of cyber wars, providing the final piece of the puzzle for some states to wage cyber wars. We are all here today from all over the world to maintain peace in cyberspace, not to issue a legal certificate for cyber wars.

Second, the applicability of the law of armed conflicts and jus ad bellum in cyberspace is faced with legal and technical hurdles. For instance, it is hard to distinguish peacetime and wartime in cyber conflicts which involve the participation of both military and civilians, and the diversity of players in cyberspace makes attribution a daunting challenge. The damages caused by cyber attacks are usually invisible and difficult to estimate and control. Under such circumstances, how to comply with the so-called principle of distinction and proportionality? How to define and evaluate "use of force" and "armed attack"? How to track down the source of cyber attacks precisely and single out targets against which to excise the right of self–defense? What is most important now is to prevent certain cyber powers from abusing their technological advantages and the right of self-defense, or even using them as the pretext to attack and suppress other countries willfully.

The disputes over the applicability of the law of armed conflict among countries are seemingly differences over the application of international law, but in essence underscore the fundamental question of embracing war or peace in cyberspace . Some countries, depending on their technological advantages, believe that the consequences and scope of cyber weapons are well under control, and that they can emerge as winners from any cyber conflicts and their hegemony can be extended to cyberspace by virtue of their strength. China, however, believes that in modern society, critical infrastructures and all aspects of economic and social life in all countries are highly dependent on ICTs. Should large-scale cyber conflicts break out,its consequences and scope would be beyond imagination. There will be no winners in cyber conflicts between countries, especially large ones. A cyber war can't be won and must never be fought.

Mr. Chair, colleagues,

In order to prevent conflicts and maintain peace and stability in cyberspace, our discussion on the application of international law must be centered around the application of the UN Charter in cyberspace, including such principles enshrined in the UN Charter as sovereign equality, refraining from use or threat of use of force, the settlement of international disputes by peaceful means, non-intervention in the internal affairs of other states, and fulfilling in good faith the obligations in accordance with the UN Charter. In 2015,the report of the UN Group of Governmental Experts confirmed these principles, and it is our hope that this Working Group can also include relevant contents in the final report.

Thank you, Mr. Chair.