Font Size: a A A

On The Application Of The Principle Of Distinction In Cyber Warfare

Posted on:2016-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:H T LuoFull Text:PDF
GTID:2296330464473042Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The International Humanitarian Law, which established to protect sufferers of wars, played a very important role in traditional wars and armed conflicts for many times in the past. As the first principle of International Humanitarian Law, principle of distinction should be obeyed by both sides of war or armed conflict. From the day that the first computer was invented, network technology has been developed very fast in recent decades. In recent years, network technology has been used more often in armed conflicts. Does it mean that the age of cyber warfare is coming? It is not doubt that International Humanitarian Law applies to traditional wars and armed conflicts,but what can International Humanitarian Law can do when cyber warfare started?What can we do to make principle of distinction work?How to solve the problems?All these questions are necessary for us to research and find out the answers.This paper is divided into 5 parts, including the introduction and 4 chapters. As the first part of this paper, the introduction introduced the background of cyber warfare, the problem of using International Humanitarian Law in cyber warfare, the overview of literatures at home and abroad on cyber warfare and the research method of this paper. The second chapter is about the concept of cyber warfare and how it happened. It is mainly about the concept of cyber warfare under the framework of International Humanitarian Law and the discussion of what condition causes the cyber warfare. There is no regulation about cyber warfare that mentioned in International Humanitarian Law and other related literatures, but we can find some information by analyzing Geneva Conventions and its protocols additional. This paper considered that when network attack made the same extent of injury as armed conflict did, we could say that the cyber warfare happened and International Humanitarian Law should play its part in the war. The third chapter is about the problem of using the principle of distinction in cyber warfare. The first part of this chapter showed the overview of principle of distinction, mainly about its process of establishment and contents. Traditional principle of distinction is aimed at traditional war as to show how to use traditional weapon. As cyber warfare is totally different from traditional warfare, there will be so many problems when using principle of distinction in cyber warfare. The most difficult thing is to distinct common people, combatant, military target and civil use object. The forth part is about feasible methods of using principleof distinction in cyber warfare. We provide some suggestions such as legislate international law for cyber weapon, promote the enforcement of International Humanitarian Law and establish animplementation mechanism. In the international legislative level, either in theory or attitude of national governments, the international community is difficult to reach a consensus, international legislation for the cyber warfare will be a long and rugged process. At present, we should focus on the implementation of existing International Humanitarian Law. Although the network is a new way of fighting a war, but that doesn’t mean it’s not subject to the jurisdiction of International Humanitarian Law, of course, that will need academics or related international organizations make reasonable interpretation. For example, the Tallinn Manual, which wrote by many experts in Tallinn, the capital of Estonian, is a significant document for the legal research of cyber warfare, and it has a great reference value for the applying of the principle of distinction in cyber warfare. The final recommendation is to establish a mechanism for implementation. This article hope that through these proposals so that the principle of distinction of International Humanitarian Law could be more applicable in cyber warfare, and make the cyber warfare be legislated by the International Humanitarian Law, to achieve the purpose of protecting war victims.
Keywords/Search Tags:Network Attack, Cyber Warfare, Principle of Distinction, Combatant
PDF Full Text Request
Related items