On Jus Ad Bellum And Jus In Bello In Cyber Warfare

In recent years, cyber-attacks against a state from another hostile state begin toemerge, a new concept came into our sight—Cyber war. July14,2011, the U.S.Department of Defense (DoD) release a report stating that DoD will “organize, train,and equip for cyberspace as we do in air, land, maritime, and space to support nationalsecurity interests.” The latest news reported that the United States and Australia wouldissue a joint statement declaring that the ANZUS security treaty shall apply incyberspace. Moreover, many countries in the world start to strengthen their own cyberoffensive and defensive capabilities through developing a series of policies and laws,formulating the Cyber Army and Cyber Command Center, advancing the networkdefense project, to prepare for the possible future cyber warfare. In the near future,cyberspace will become the country’s new battlefield, network technology as aweapon will be put into use, and cyber warfare could also become an important formof war. Compared to the rapid development in network technology, legal research incyber war is still very limited, especially some important issues lack of generalconsensus. On the basis of previous research, this article hopes to make a boldexploration in the area for future research through applying international law to cyberwar.This paper has five major sections in total, including the introduction and fourchapters. Introduction is mainly about to introduce the emergence of cyberwarfare. As the innovated technology of war, cyber is no longer assistive methods to the war, this form of warfare have already showed amazing destructive power inEstonia, Georgia events. The introduction then set the questions which will be arguedin the next parts of article. The first chapter is an overview of cyber warfare and statesthat cyberspace is under the state sovereignty because of the physical construction ofcyberspace. Next a delineation of the terms Cyberspace and Cyber WarfareOperations will be attempted, coupled with an examination of the various hackingtechniques and the typology of potential attacks. The second section explored if thejus ad bellum will be applied in Cyber Attacks with the goal of classifying them underthe existing ‘costumes’ of ‘use of force’ and/or ‘aggression’. And then the chapterdiscusses whether cyber-attacks tantamount to an ‘armed attack’, in order to triggerthe lawful right of self-defense, according to UN Charter article51. Stateresponsibility will also be a problem which must be studied in the context of cyberwar. The third chapter demonstrates that certain bedrock rules of the jus in bello willbe applied in cyber-attacks, such as the principle of distinction and the principle ofproportionality, neutrality rules, and try to figure out how to apply the rules when theycannot be fully compatible under new circumstance. Lastly, this paper will address theserious network security situation and the unsatisfactory international legalframework，and pursue to develop the legal system by signing a new specializedtreaty or urge the relevant agencies to take the responsibility. Special emphasis is to belaid upon establishing a comprehensive network security system, under which cyberwarfare will be regulated.