The Regulation Of International Law On Cyber Warfare

Cyber Warfare is a frontier issue in the legal governance of international cybersecurity.Since entering the network age,the network has changed the way people produce and live a lot,and has become a necessity for human life.However,the emergence of the network has led to major changes in the military and war fields,and cyberspace has become a new field of war.But unlike traditional warfare,cyber warfare is based on cyber attack,and the characteristics of randomness,uncertainty and concealment of cyber attack bring enormous challenges to the international regulation of cyber warfare.Current international laws such as the Charter of the United Nations,the Geneva Conventions,the Hague Convention and the Rome Statute still have many problems in regulating cyber warfare,including the issue of cyber sovereignty,the investigation of state responsibility and the exercise of the right to self-defense,and the application of the principle of distinction and proportionality,etc.The Tallinn Manual and its 2.0 version also have problems such as the compilation of the manual and the quotation of the literature biased towards the west countries,ambiguous concepts related to cyber warfare,problems with data sovereignty and data quality,mechanical application of current international law,and obvious intention of cyber militarization.It is undeniable that the destructive power of cyber warfare and the severity of its consequences can be comparable to or even surpassed that of traditional warfare,so the international community must regulate it.However,the current international law and the Tallinn Manual 2.0 cannot effectively regulate cyber warfare and cannot effectively maintain international cybersecurity and international cyberspace order.Therefore,the creation of new rules of international law on cyber warfare has certain necessity.The fundamental reason for the predicament of the international regulations on cyber warfare is that traditional space and cyberspace are not equal.Therefore,the international community should improve current international laws,such as effectively promoting the recognition of cyber sovereignty,clarifying the rules for the determination of state responsibility and the conditions for the exercise of self-defense rights,and appropriately adjusting the principle of distinction and proportionality;and amending and supplementing the Tallinn Manual 2.0,including promoting the maximum internationalization of the contents of the manual,clarifying the concepts and definitions related to cyber warfare,resolutely maintaining cyber sovereignty and data sovereignty,and avoiding the inclination of the rules of cyber warfare.At the same time,the international community should combine the characteristics of cyberspace and the law of the development of cyber warfare to create new rules of international law,such as formulating new international treaties,reflecting through international "soft law",and promoting the formulation of domestic cyberspace rules.Under the synergy of the "old law" and the "new law",we will maintain the peaceful development of international cyberspace and world cybersecurity.