Definitions

Cybersecurity: strategies, policies, and practices implemented to protect sensitive information, critical infrastructure, and communication systems from cyber threats and attacks during negotiations and post-conflict recovery. It aims to ensure the integrity, confidentiality, and availability of data and systems, thereby maintaining stability and preventing disruptions that could undermine peace agreements. Cybersecurity is often a critical component of digital governance.

Digital Governance: the application of information and communication technologies in the management and administration of public services, processes, and decision-making by governments. It involves leveraging digital tools to increase transparency, accountability, efficiency, and inclusiveness in governance.

Goals of Cybersecurity and Digital Governance

The goal of cybersecurity and digital governance in a peace process is to ensure the integrity, confidentiality, and availability of data and systems, thereby maintaining stability and preventing disruptions that could undermine the peace process. Cybersecurity and digital governance may serve to:

• Protect against cyber threats: These frameworks allow to protect critical infrastructure, government networks, and sensitive information systems.
• Enhance transparency: Citizen engagement and oversight ensure communities access information about the implementation of peace agreements and reconstruction efforts.
• Uphold international human rights standards: The right to privacy and integrity are well-established human rights principles that can be jeopardized if a state has weak cyber protections. Data theft and other malicious activities with personal data are common threats individuals face, especially in fragile states emerging from conflict.
• Counteract misinformation and hate speech: Prioritizing cybersecurity measures that monitor and mitigate the spread of harmful content can support the stabilization of the narrative surrounding the peace process and reducing the risk of conflict resurgence.

Why Include This Chapter

The inclusion of a Chapter on Cybersecurity and Digital Governance in a peace agreement may serve to:

• Establish frameworks for protecting critical infrastructure, government networks, and sensitive information systems;
• Establish digital governance frameworks to facilitate transparency in governance, especially in post-conflict settings where trust can be fragile;
• Include measures to counteract false narratives and promote accurate information through digital channels;
• Support digital infrastructure development, internet access, and digital literacy, which can empower communities to engage in the digital economy, fostering entrepreneurship and job creation;
• Establish a framework for collaboration among states, non-governmental organizations, and private sector entities, facilitating the sharing of best practices and resources to enhance cybersecurity measures.

Implementation Notes

In today’s digital landscape, cyber threats pose significant risks to national security, public safety, and stability. Cybersecurity attacks can exacerbate vulnerabilities and tensions, especially in fragile states undergoing peace processes. It is important that parties agree on cybersecurity and digital governance frameworks to ensure that, among others, cyberattacks do not derail the peace process or provoke mistrust. This proactive approach is crucial to prevent escalations that could undermine the peace process.

Core Issues Addressed

Peace agreements can address the following core issues in a Chapter on Cybersecurity and Digital Governance:

• Cybersecurity Framework: This section establishes the principles that the parties will abide by to prevent further conflict and destruction through actions in cyberspace.
• Principles: establishes principles that all parties will follow to maintain peace in cyberspace.
• Incident Response Plans: develops protocols for responding to cybersecurity incidents, including potential cyberattacks during the peace process.
• Data Privacy and Protection: This section focuses on the principles and regulations governing how sensitive information, particularly personal data of individuals affected by the conflict, will be handled, stored, and shared.
• Data Handling Standards: outlines the standards and protocols for collecting, processing, and storing data related to the peace process, including personal information about combatants, civilians, and other stakeholders.
• Protection of Witnesses: commits the parties to protecting the personal information of witnesses who cooperate in any transitional justice process outlined in a peace agreement.
• Countering Misinformation: This section addresses strategies and measures aimed at preventing the spread of false information that could undermine the peace process and exacerbate tensions.
• Monitoring and Debunking: establishes systems to monitor digital platforms and debunk misinformation that may undermine the peace process.
• Public Awareness Campaigns: initiates campaigns to educate the public about recognizing misinformation and the importance of credible sources.
• Collaboration with Technology Companies: works with social media platforms and technology companies to mitigate the spread of harmful content.
• International Cooperation: This section discusses the parties’ commitment to cooperate with other international actors on cybersecurity and upholding the best practices of digital governance. Such cooperation allows parties to prevent the digital space being used to undermine the peace process in the future.
• Technical Capacity-Building: expresses a commitment to seek technical assistance and training on cybersecurity practices and digital governance.
• Cross-Border Cybersecurity Collaboration: establishes agreements for international cooperation on cybersecurity issues, sharing intelligence, and resources to combat cyber threats.
• Alignment with International Standards: ensures that the peace agreement aligns with international cybersecurity and digital governance standards, facilitating global cooperation.

Cybersecurity Framework

Principles

Note to Drafters: The cybersecurity framework sets the foundation for managing risks and promoting stability in the digital domain during the peace process. Conflict often extends into cyberspace, and establishing safeguards can prevent further harm, protect critical systems, and build trust among the parties.

The Parties agree to abstain from launching cyberattacks or engaging in any activities that could harm any civilians or civilian infrastructure, or disrupt the implementation of this Agreement. 

The Parties commit to promoting the safe and secure use of digital technologies to advance technological development and human rights of [state] and support the peace process. 

The Parties shall cooperate to address cybersecurity risks in a manner that fosters trust and reduces the likelihood of future conflict.

The Parties shall uphold the principle of territorial integrity and non-intervention in the domestic affairs of other states in their activities in cyberspace.  This shall include the prohibition of engaging in targeted information activities against [each other] and causing harm to [each other’s] critical infrastructure.]

The [state] shall enact legislation for the protection of sensitive information and develop mechanisms for detecting and punishing cybercrimes. 

The [state] shall assess the security of its critical infrastructure and take measures to protect the infrastructure from any external or internal cyber threats. 

Incident Response Plans

Note to Drafters: Establishing protocols for responding to cybersecurity incidents allows to prevent resumption of conflict due to misunderstanding and mitigates risks that cyber incidents could pose to the peace agreement.

The Parties agree to establish protocols for responding to cybersecurity incidents that could undermine the peace process, including reporting and investigating suspected or actual cyberattacks; and coordinating immediate mitigation efforts to minimize damage and restore critical functions.

Data Privacy and Protection

Note to Drafters: Handling sensitive data during the peace process requires robust safeguards to ensure privacy and prevent misuse. This includes personal information about civilians, combatants, and other stakeholders.

The Parties shall ensure that all their activities are consistent with the obligations of [state] under international human rights law. 

The Parties agree to adopt standards and protocols for collecting, processing, and storing data related to the peace process.  These standards shall include:

Measures to protect the confidentiality and integrity of personal and sensitive information;
Secure storage and transmission protocols to prevent unauthorized access;
Guidelines for data retention and deletion following the conclusion of the peace process.

Protection of Witnesses

Note to Drafters: Where the peace agreement establishes transitional justice processes, such as criminal prosecutions or truth telling, witnesses to these proceedings often face retaliation or intimidation for their participation. The parties may agree to develop measures that would ensure the protection of these witnesses’ information.

The [parties / state] shall take appropriate measures to provide effective protection from potential retaliation or intimidation for witnesses who give testimony as part of [transitional justice processes outlined in this Agreement].  Such measures shall comprehensively protect the information of these witnesses, including, where possible, redacting their name, whereabouts, and any other identificatory information from any public communications. 

Countering Misinformation

Monitoring and Debunking

Note to Drafters: Monitoring digital platforms and the information that is being disseminated, as well as creating mechanisms for debunking hateful or false narratives can mitigate harms associated with misinformation campaigns.

[State] shall develop mechanisms for monitoring and debunking harmful or false content spread on digital platforms.  Such mechanisms may include the development of institutions focused on countering misinformation, strengthening of media literacy, and the adoption of laws prohibiting certain harmful content. 

[State] shall take account of international best practices for monitoring and debunking misinformation in cyberspace. 

Public Awareness Campaigns

Note to Drafters: Public awareness campaigns can help parties ensure that the public is more resilient and does not get influenced by misinformation campaigns. This then ensures that the public perception of the peace process continues to be supportive and does not lead to resistance.

The Parties shall initiate public awareness campaigns to:

Educate citizens on recognizing misinformation and verifying credible sources;
Promote awareness of official channels for accurate information about the peace process;
Build trust in the implementation process through consistent and transparent communication.

Collaboration with Technology Companies

Note to Drafters: Collaborating with technology companies can help the parties reduce the spread of misinformation and risks associated with harmful content.

The Parties agree to work directly with social media platforms and technology companies to address the spread of harmful content during the peace process.  This collaboration will focus on developing content moderation policies that are specifically tailored to the peace agreement, ensuring that any content that incites violence, promotes hatred, or undermines the peace process is swiftly removed.

Additionally, the Parties will support initiatives aimed at promoting accurate, reliable, and balanced information online, helping to foster an informed public throughout the peace process.

International Cooperation

Technical Capacity-Building

Note to Drafters: Parties may seek assistance from international partners or experts for strengthening its cyber capabilities and developing its cybersecurity systems.

[State] shall seek technical assistance and capacity-building on cybersecurity and data protection with the goal of developing robust systems for preventing and mitigating cyber risks.  [State] shall also seek to build the capacity of its officials with a view to facilitating the prevention, detection, investigation, and prosecution of cyber crimes and other harmful activities in cyberspace.

Cross-Border Cybersecurity Collaboration

Note to Drafters: Cybersecurity threats often transcend national borders, requiring international cooperation. Agreements on cross-border collaboration can enhance the effectiveness of cybersecurity measures.

The Parties agree to cooperate with international partners to address cross-border cybersecurity challenges, including:

Sharing intelligence on cyber threats and incidents;
Coordinating responses to cyberattacks;
Engaging with regional and international organizations to strengthen collective cybersecurity efforts.

Alignment with International Standards

Note to Drafters: Aligning with international standards ensures that the peace agreement remains compatible with global best practices.

The Parties will adopt best practices in data protection, cybersecurity resilience, and digital governance, and will actively participate in global initiatives designed to strengthen digital security.

Further Readings

• United Nations Convention against Cybercrime
• Tallinn Manual on the International Law Applicable to Cyber Warfare
• Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
• Towards a Global Digital Governance Architecture
• Jean-Marie Chenou and John K. Bonilla-Aranzales, Cyber Peace and Intrastate Armed Conflicts
• Jean-Marie Guéhenno, Olivia Grinberg, Jason Healey, A Multistakeholder Model of Cyber Peace
• Brenda K. Wiederhold, The Future of Peacekeeping: Navigating Ethical AI Deployment in Conflict Zones