Research On The Legal Issues Of The State's Exercise Of Self-Defense Right In Cyber Attacks

With the quick growth and continuous advance of society,the development of cyber technology and information technology is becoming more and more mature,cyber attacks have gradually become one of the main factors threatening national security,which as a new attack method is threatening the security of cyber space.It is different from traditional means of resorting to force and has the ability to cause large-scale and widespread damage to a country's important infrastructure.In recent years,the frequent occurrence of cyber attacks against states has caused this problem which is paid attention to by international society more and more important.Among them,the issue of the exercise of the right of national self-defense in cyber attacks has caused attractive concern in the international community.At present,the rules of international law do not clearly regulate the exercise of the right of self-defense in cyber attacks,and the international community has not reached a broad consensus on the prerequisites for exercising self-defense in cyber attacks,therefore,how to deal with cyber threats and what conditions are met in cyber attacks to allow the right to exercise self-defense,thus maintaining the cyber security of the country has become an urgent issue.By defining and clarifying the characteristics of cyber space,this article shows that cyber space does not belong to the absolute global public domain.Besides,the concealment of cyber attacks shows that it is difficult to trace the source of cyber attacks.There have always been theoretical differences as to whether the right to self-defense can be exercised in cyber attacks,and insisting positive theory is the current mainstream view.In addition,the "International Law applicable to cyberspace operations" issued by France on September 9,2019,and the "Opinions on International Law on Cyberspace" submitted by the Dutch government to Parliament on July 5,2019,indicate these two countries 'the countermeasures of responding space security threats and the attitude of exercising the right of self-defense in cyber attacks.Regarding the legal issues of exercising the right to self-defense in cyber attacks,it is mainly focused on the specific conditions currently being met to exercise the right to self-defense,on which countries have been unable to reach agreement.The 2017 "Tallinn Manual 2.0"regulates this issue,which as an unofficial document that more comprehensively specifies the conditions for exercising self-defense rights in cyber attack.Through the research,it was found that"Tallinn Manual 2.0" mainly reflects the will of Western countries led by the United States.The main problem is that the criteria for identifying cyber attacks as "armed attacks" are too objective and ignore subjective factors;Secondly,allowing the existence of "the right to advance self-defense" is a major threat to cyberspace order and is not desirable;Finally,The duty standard of non-state actors is too strict,which is not convenient to the effective exercise of the right of self-defense in cyber attacks.In addition,there are some differences between the traditional right of self-defense and the right of self-defense in the cyber attacks,and further explanation is helpful to understand the right of self-defense in the cyber attacks better.