Research On The Application Of The Anticipatory Self-defence Right In Cyber Attack Operations

Cyber attack is a new thing that emerges with the development of network technology.Compared with traditional attack and combat methods,cyber attacks are more concealed and are not easy to be detected or identified.It is these characteristics that lead to the inability of existing legal rules to be fully or directly applicable to cyber attacks.Due to many factors,clear rules tailored for cyber attacks have been delayed,which makes there are some gray areas in the field of cyber attacks.Through the analysis of existing network attack cases,it can be concluded that the attack range of network attacks has been greatly expanded compared with traditional kinetic energy attacks,and its destructive effect is sometimes no less than that of kinetic energy attacks.Moreover,because of its low cost and difficulty in tracing the source,more and more state and non-state subjects are beginning to fall in love with this new attack method.If cyber attacks are not regulated,society and international order will be seriously damaged.At present,in the domestic laws of some countries,there are already relevant rules regulating cyber attacks,and the international community is also seeking to establish international legal rules for cyber attacks,but this is a long process.However,this does not mean that the existing rules of international law are helpless against cyber attacks.Although there are differences between cyber attacks and traditional attack methods,they are also related.Whether cyber attacks are used as a method of combat or a weapon,they must abide by the principles and rules of the traditional law of war.It’s just that when applying these rules,we need to make an interpretation and development of the existing rules that are more in line with the reality of cyber attacks.As a major country in the world,China’s influence in international cyberspace is very important.And some Western countries headed by the United States cannot replace all countries in the international community to formulate international legal rules in cyberspace.This article attempts to base itself on the controversial issue of the anticipatory self-defence right,and through the analysis and thinking of Rule 73 of Tallinn Manual2.0,sort out the dilemma and problems of the anticipatory self-defense right in cyberspace.At the same time,further clarify my country’s own advantages and areas of expertise,while analyzing the impact of other major powers’ leading issues on China’s rights and interests,it proposes to strictly limit the time limit for the application of the right of self-defense,and firmly denies the application of the right of preemptive self-defense in cyberspace.Try to change from passive acceptance to active participation and leading the international discourse power,and select areas that are in line with the general trend of the international community and China’s core interests to intervene in advance.Concretize your peace-loving ideas and aspirations in the form of laws,regulations and policy documents,and increase the propaganda of your own network policies and the influence of network public opinion,trying to eliminate the "China threat" and let more corners of the world Hear the voice of China.