Research On Cyber Attacks Under The Framework Of International Humanitarian Law

With the increasing development of network techniques and their military application, Cyber Attacks become a new mode of operations, thus leading to many issues, which includes the use of force concept, National Information Sovereignty, and the right of self-defense etc. Although Cyber Attack is a new battle model, principles of military necessity, distinction and proportionality in the national law are still binding on it. However, the law always has a lag. For the emergence of new things or occasions that need to be adjusted by law, the existing legal rules sometimes may seem powerless. Moreover, compared with the kinetic attack of traditional operation mode, impact area of Cyber Attack has greatly extended. If no regulation exists for cyber attack, social and international order will be seriously destroyed. Therefore, cyber attacks, whether as a method of warfare of a weapon, are required to comply with the principles and rules of the traditional law of war. As long as the application of these rules, we need to interpret and develop the existing regulations in line with the actual situation of cyber attacks.This paper is divided into three chapters, which mainly discusses how the existing rules of international law are applicable to the problem of cyber attacks. The first chapter introduces the definition, features and forms of cyber attack, and further shows the necessity and practical significance of its regulation. The second chapter is the key part of this article.It discusses how the cyber attacks apply the rules of international humanitarian under the existing framework of international humanitarian law. The relevant principles of international humanitarian law are introduced in the this chapter. The application of these principles in network attack is analyzed respectiyely.The third chapter mainly analyzes the international legislation about cyber attacks,on the basis of the existing international law,the necessity and feasibilility of international legisltion is analyzed. Finally, a brief summary of the full text is made, and show that we look forward to developping a special cyber attacks on the international community as soon as possible by the international community.