Regulation Of Cyber Warfare In The View Of International Humanitarian Law

The rules of International Law regulating traditional armed conflicts are adequate and abundant,including the exercise of jus ad bellum,humanitarian protection in armed conflicts and punishment of war crimes.All the rules have constituted a complete legal system.Where the rules can hardly follow the development of advanced technology because of the hysteretic character of law,which results in that the rules are unable to adjust the relationships between countries appropriately in cyber space.Especially in respect of international humanitarian law,cyber attacks via Trojan Horse,distribute denial of service and other measures can not be restricted by international law.In such constitution,there are no laws or rules can be used to control similar actions.The basic characters of cyber war are different from the characters of traditional armed conflicts which is the main reason that the cyber war can hardly apply to international humanitarian law.Especially in the condition that there are different opinions about the definition of Cyberwar,Computer Network Attack and Network Operation and other definitions relating to cyber war.There must exist defects and holes that can be used and lead to the abusement of cyber war in the condition that international humanitarian law can’t apply to cyber war.There are some countries and international organizations that have regulated some problems of cyber space by legislation and conventions.Besides,the release of Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations make people for further understanding in theory.And the research results reflect the situation that there are still many problems the international humanitarian law can’t handle with.Several anonymous cyber attacks have happened since 21 century resulting in severe consequences,which is a great threaten to international peace and safety.To settle these problems,every country shall improve their awareness of prevention and make co-efforts to establish a mechanism.The Chapter 1 starts from the several cyber attacks occurred in recent years in international society,then reveal the origin and evolution progress of cyber war.And sum up the definition of cyber war after analyze the main opinions of scholars.Then explain the fundamental elements and characters to make a overall understanding of cyber war.Chapter 2 includes the analysis of the basis of the application of cyber war in the view of the situation and condition of application of international humanitarian law,and discuss whether cyber war belongs to international armed conflict or non-international armed conflict.Compare and analyze the two main theories on the basis of understanding the prerequisite of international humanitarian law,and then discuss why international humanitarian law can still restrict cyber war in the condition of deficiency of specific laws and regulations.In Chapter 3,the fundamental principles of international humanitarian law are explained through Geneva Conventions and its Additional Protocols,including principle of distinction,principle of proportionality and principle of necessity.Then detailedly analyze whether cyber war can apply these principles and in which degree can apply.In the last Chapter,on the basis of the discussion that the specific rules of international humanitarian law can apply to cyber war,the author propose the questions that how to restrict the occurrence of cyber and how to punish the executor when cyber attack constitutes war crime.And then propose the suggestions that how to take countermeasures to cyber war to our country.