Research On The Regulation Of Cyber War By International Law

With the rapid development of information network technology,it covers more and more fields of social life.With the application of network in military field,a new mode of operation-network warfare has emerged.As a result,the related issues of cyber warfare have increasingly become the focus of attention of the international community.As far as the regulation of international law of cyber warfare is concerned,there are many disputes at present.At first,the main scope of warfare was limited to land,then gradually expanded to ocean and air space.The international community also regulated "new space" through international legislation.At present,the scope of human war has been extended to cyberspace,but the international legislation of cyberwar is missing.The international law academia has reached a consensus on the regulation of cyber warfare,that is,the basic principles and rules of the use of force and wartime law in current international law can still be applied to cyber warfare.However,due to the characteristics of cyber warfare itself and the lag of current international law,the international law regulations in cyber warfare are facing difficulties in application,such as how to exercise the right of self-defence in cyber warfare,how to apply the principles of international humanitarian law in cyber warfare,and so on.In order to solve the dilemma of the application of international law to regulate cyberwarfare,the United Nations adopted relevant resolutions and reached a consensus that rules of international law should be applied equally in cyberspace.The Tallinn Manual which specifically elaborated the application and interpretation of rules of international law in cyberwarfare.However,the relevant practice of the international community mostly stays on the discussion of network security.There are also differences in the application of the Tallinn Manual among countries.The time for international legislation on cyber war is not yet ripe.As a responsible big country,China should adhere to the basic principles of the current relevant international legal system and actively promote the international legislation of cyber warfare.