As part of UNIDIR’s ongoing work on international cyber stability, this side event on the margins of the 77th session of the International Law Commission will introduce the legal community to multilateral discussions on due diligence in cyberspace.
Due diligence is a well-established concept of international law, under which States should not knowingly allow their territory to be used for activities that adversely affect the rights of other States. In the cyber context, this concept has gained renewed attention.
The UN Group of Governmental Experts has articulated a voluntary norm that States should not knowingly allow their territory to be used for internationally wrongful acts using information and communications technologies (ICTs). It has also clarified that States are expected to take all appropriate, reasonably available, and feasible steps to detect, investigate, and end malicious ICT activities emanating from or transiting their territory.
However, key questions remain subject to divergent State interpretations, including the legal status of due diligence, the scope of expected conduct, knowledge and harm thresholds, and the role of transit States. The International Law Commission’s recent decision to place due diligence on its programme of work and the appointment of Special Rapporteur Penelope Ridings provide a timely opportunity to deepen understanding of its application in the digital sphere.
This event, organized with a contribution from Special Rapporteur Penelope Ridings, will explore national and regional interpretations, highlight practical challenges States face in due diligence implementation, and facilitate an exchange of views between International Law Commission members, cyber diplomats and legal experts on how to further clarify and operationalize due diligence to enhance international security.
Agenda
14:00 – 14:05 | Welcome and introductory remarks
- Andrea Gronke, Deputy Head of UNIDIR’s Security and Technology Programme
14:05 – 14:15 | Setting the scene: Due diligence from general international law to cyberspace
- Dr Penelope Ridings, Special Rapporteur for due diligence, International Law Commission
14:15 – 14:25 | Perspectives on due diligence in cyberspace: Multilateral discussions and national interpretations
- Dr Andraz Kastelic, UNIDIR’s Security and Technology Programme
14:25 – 14:35 | National considerations of due diligence in cyberspace
- María Juliana Tenorio Quintero, Minister Plenipotentiary, Permanent Mission of Colombia to the United Nations Office at Geneva
14:35 – 15:00 | Plenary discussion
The discussion will allow the participants and presenters to discuss the interplay between the International Law Commission’s work and the realities of the cyber domain.
When and where
Thursday, 2 July 2026 | 14:00 – 15:00 CEST | Building A, Room VIII, Palais des Nations, Geneva.
A light lunch will be provided outside the event room at 13:30 CEST.
Check your local time here.
RSVP
For in-person participation, please register here.
Further information
For questions, please contact Andrea Gronke at andrea.gronke@un.org or Dr Andraz Kastelic at andraz.kastelic@un.org.