An Analysis Of Several International Law Problems In Network War

There is a huge difference between cyber warfare and traditional war. The new type of warfare not only lead to a significant change to military field, but also pose a challenge to the protection and maintainance of state sovereignty. Traditional law of war and armed conflict can hardly handle the huge change and the realistic problems.What scope and how to apply to cyber warfare for existing international law and whether there is a need to formulate new international law are the frontier research topic on cyber security governance for the international community. The author tries to study the following four questions based on the theories and practices of international law: the identification of cyber warfare, the self-defense to cyber warfare,the application of the law of war to cyber warfare and the legislation aimed at cyber warfare. The paper firstly makes a detailed analysis and comparison on the major cyber attacks, and summed up the legal characteristics and properties of the cyber attack. Then the paper discusses the plight and development of the traditional self-defense theory under the network environment. The paper moreover studies the application of the traditional law of war to cyber warfare. In the end, the author summarizes and compares the status quo of international legislation about cyber warfare and puts forward his own idea about feasible legislative models.