CBM 8: Strengthen the application of international law
Organization of American States
Measure
CBM 8 (2022): Promote study, discussion, development, and capacity-building at the national and international levels regarding the application of international law to the use of information and communications technologies in the context of international security by promoting voluntary exchanges of positions and national vision statements, opinions, legislation, policies, and practices on the subject, in order to promote common understandings.
Background: Since 2013 (via the Group of Governmental Expert (GGE) report), the applicability of international law to cyberspace has been formally recognised, providing binding guidelines for how states use and regulate ICTs, including their defense against malicious cyber operations. However, no universal consensus exists yet on how exactly international law applies in this domain, prompting more and more states to publish their own national positions. Against this backdrop, this CBM seeks to promote dialogue and capacity-building in the application of international law to the use of ICTs in the context of international security. It encourages states to voluntarily share their legal interpretations, policies, and practices in order to foster transparency, predictability, and mutual understanding. By clarifying national perspectives and potential red lines, this CBM helps reduce uncertainty, prevent miscalculation, and lower the risk of escalation in the cyber domain.
Practice: This CBM responds to an expressed need from states in the region to receive support in developing national positions on the application of international law in cyberspace. Implementation is advanced through the OAS Cyber Diplomacy Training Program, Canada-supported webinars (with 22 member states already engaged in 2023), and upcoming masterclasses for government officials on legal frameworks. The CICTE Secretariat also provides informal briefings and integrates the issue into Working Group discussions, and is further integrated in these meetings, for example, via the dedicated panel on “Exploring the Development of National Positions on the Applicability of International Law to Cyberspace.”
Unlike the African Union's regional approach, the OAS framework encourages each state to develop its own position while acquiring the necessary legal and institutional capacities. Several member states, including Brazil, Canada, Colombia, Costa Rica, and the US, have already published national positions and actively share best practices, while others are still developing theirs.
In 2025, via the “National Dialogue on the Application of International Law in Cyberspace”-initiative the CICTE Secretariat has supported Brazil, Chile, and Mexico in this process so far through tailored regional dialogues and will continue to offer this, which has been met with strong interest. Such support includes actor mapping, targeted webinars, in-person workshops, and inter-agency consultations to ensure institutional buy-in and national ownership. This was implemented in collaboration with partners like Chatham House and UNIDIR.
Thus, this CBM is implemented, but not widely yet, with more efforts on the way. However, it is important to emphasise that states are not developing a position on the application of international law in order to fulfill this CBM. Rather, CBM 8 describes a commitment to do so, and the implementation of the CBM supports the process by facilitating exchange, discussion, and support through capacity-building.
Moreover, this CBM seeks to promote the transparent exchange of views on areas of convergence and divergence among national positions within the region. For example, experts note that while Brazil and Costa Rica both consider sovereignty to be a binding rule that can be violated by cyber operations, they diverge in their interpretations of what specific actions would constitute a violation of sovereignty. Although not originally developed under the framework of this CBM, the OAS Inter-American Judicial Committee's “Improving Transparency”-initiative offers a valuable foundation for such exchanges. Launched in 2018, the project aims to identify areas of convergence and divergence among states in the region regarding the application of international law to cyberspace. Drawing on questionnaires and expert meetings, including representatives of the member states, this initiative has produced five reports addressing key legal issues to create a baseline for further dialogue. As a result, the project also emphasises the need for legal capacity-building to engage in relevant international legal dialogues, highlighting a regionally-specific need.
Key Implementation Activities and Resources
The OAS supports states in developing and discussing national positions on the application of international law in cyberspace through dialogues, workshops, webinars, and expert exchanges.
Implementation is enabled through the National Dialogue on the Application of International Law in Cyberspace initiative as well as the Cyber Diplomacy Training Program.