Research On IHL Regulation Of Cyber Attacks

With the development and wide application of information network technology,cyber attacks have become a new combat method of armed conflict,and its serious consequences sometimes even exceed traditional combat methods.Therefore,in order to make cyber attacks more orderly and humanistic,they must be regulated by international humanitarian law.This paper uses jurisprudence research,text interpretation and comparative analysis to systematically study the international humanitarian law and regulation of cyber attacks.In addition to the introduction and conclusion,this article consists of the following three parts:The first part,"Basics of International Humanitarian Law and Regulation on Cyber Attacks",mainly explains the necessity and feasibility of international humanitarian law and regulations on cyber attacks from the levels of reality and jurisprudence.The second part,“Restrictions on Means and Methods of Cyber Attacks by International Humanitarian Law",mainly analyzes the restrictions on cyber attack methods by international humanitarian law rules,such as prohibition of excessive harm and unnecessary suffering,prohibition of indiscrimination,and prohibition of betrayal.The third part,"Protection of International Humanitarian Law from Relevant Personnel and Property in Cyber Attacks",mainly discusses the protection of civilians and their property,specific persons and targets in international humanitarian law during cyber attacks.After research,this article draws the following new insights:(1)Although the existing international humanitarian law conventions do not specifically mention cyber attack as a new combat method,it does not mean that cyber attacks are not regulated by international humanitarian law.In fact,the basis for international humanitarian law on cyber attacks exists in the provisions of existing international humanitarian law conventions.(2)According to international humanitarian law,the use of cyber tools is limited to attacking military targets,excessive and indiscriminate proliferation of cyber attacks are prohibited.(3)In the event of a cyber attack,the scope of protection of civilian property under international humanitarian law is not limited to the tangible property of civilians,but also includes intangible property such as network data.(4)The use of electronic tags to clearly identify specific people and targets to protect them from cyberattacks during armed conflict is an important development and an inevitable requirement of international humanitarian law in the network environment.