Study On Regulation Of International Law In Cyber Attacks

With the development and progress with each passing day of technology, network has become the most widespreadly used tool for people and been applied in various fields, including the field of politics, economics, culture, and even warfare. Attacks with network has become a new type of warfare and began to make a figure in practice, with the tendency of being used broadly. However, because how cyber attacks can be regulated by international legal rules is a frontier research question, the law which regulates cyber attacks has not been legislated. It seems that there are no legal rules to regulate cyber attacks. Nevertheless, being a type of warfare, cyber attacks should be regulated by the existing international legal rules, no matter how different it is with the traditional kinetic attacks. The goal of this paper is to analyse how cyber attacks can be regulated by international legal rules. It is needed to make a new explaination and analysis to the existing international legal rules after referring to the old cases and borrow ideas from the authority. The author of this paper suggests that the existing international legal rules can regulate cyber attacks. The cyber attacks in this paper is that the user of network invades and destroys others’ network system, or changes and steals others’ resources and data by computer network because of the fixed loophole and safety blemish of the network. In the first place, the international legal regulation to cyber attacks which belong to the area of use of force includes the application of the principle of prohibiting to threaten to use or use force, the right of self-defense, the principle of state responsibility and several principles and regulations under law of war to cyber attacks. Moreover, the cyber attacks which do not belong to the area of use of force also can be regulated by some related international legal rules. These cyber attacks include threatening nonmilitary methods, low-intensity military methods and the cyber attacks which belong to the area of cyber crime. At last, the suggestions for China is to participate in the international legislation actively, obey international legal rules and perfect the items about the computer crime in the criminal law. The original idea of this paper is to analyse how the cyber attacks which do not belong to the area of use of force can be regulated, to try to analyse all kinds of cyber attacks.