Study On The International Responsibility Of States Regarding The Cyber Attack In Armed Conflicts

Cyber security has drawn great attention in recent years as nowadays we rely on information and communication technologies(ICTs)more than ever before.From the civilian aspect,cybercrime cast shadow on information security,the increasing number of case is threatening the global economics as well as the public security.Moreover,misuse of ICTs in terrorist activities has enlarged its influence serving as an efficient tool.Furthermore,frequently launched cyber attacks have raised the global awareness concerning the potential risk of applying ICTs for military and political purpose.Nowadays we rely on the Internet and computer system more than ever before,a small breakdown of our personal laptop could bring a lot of trouble to our daily life,not to mention if the digitalized defense or monitor system of a state was attacked or blocked by any cyber attack.With the development of the modern military technology,and as the existing international legal system limits the traditional way of warfare,cyber attack seems to be a new shortcut to avoid the violation of international regulations.The popularization of information technology not only connects the whole world together,but also arouses the concern on national security.No matter how serious the outcome would be,sometimes it could start with only one press on the keyboard.Cyber attack could be used as a means to enter a state’s “invisible territory” which is effective but hard to guard against as the characters of cyber warfare makes it difficult to investigate and hard to defense.This new-emerged type of warfare brings challenge to the security of global society and should be carefully regulated.Therefore,measures should be taken to limit and regulate the cyber attack,which is critical to peace and security of the international society.However,to date international legal framework seems to lack capacity in regulating relevant acts while the global security and stability could be affected and challenged.Other than the urgent need for establishment and development on norms and regulation to restrict malicious cyber activities on the global level,it is also a practical way to regulate relevant acts by applying the law of International responsibility on the malicious activity of states in cyberspace.According to the law of international responsibility,States should bear international responsibility if it conduct any cyber attack and constitute an international wrongful act,which makes cyber attack legally constricted.As normally cyber attack launched in regular time only violates national law and could be prosecuted as cyber crimes,this article emphasize on the national responsibility of states regarding the cyber attacks with the pre-condition of armed conflicts,especially on the possibility of regulate states with this regime and the specific elements of international wrongful act which would arise the issue of national responsibility.In Chapter 1,this article generally introduces cyber attack and the law of international responsibility.Section 1makes comparison between the definitions provided by different initiatives,and talks about the main effect of cyber attacks.Section 2 is about the most important legal document within this regime and the characteristics of cyber attack,therefore arrives at the conclusion of the importance of regulate the cyber attack with the law of national responsibility.In Chapter 2,the article focuses on the relationship between cyber attack and different category of armed conflicts.As cyber attack launched by different actors in international and non-international armed conflicts could constitute different wrongful acts,it is important to analysis the characteristic of different category of armed conflict.International humanitarian law would only be applicable in armed conflicts,therefore cyber attacks would only be regulated by IHL wherever exists armed conflict.Besides,different legal position of the parties of the conflict would affect the attribution rules as well.As the international wrongful act is based on two main elements,one of which is the action or omission is attributable to the state under international law,therefore Chapter 3 mainly focus on the attribution of cyber attacks.Different actors participates in various activities in cyber space,it is important to analysis the specific condition that makes the cyber attack of public actors and other non-state actors attributable to the state.Finally,Chapter 4 talks about the other element of international wrongful act,the breach of the state’s international obligation.Action and omission could both constitute breach of international obligation,section 1 focus on the application of the existing international law,especially International Humanitarian Law,as well as the principle of Prohibition of the use of force that regulate malicious state acts in cyber space.In addition,section 2 mainly talks about the obligation of the ‘Due diligence’ could possibly constitute breach of international obligation as well.