Investigate On The Legal Issues Of State Exercising The Right Of Self-Defense Against Cyber Attacks By Non-State Actors

Since the 1960 s,with the birth and rise of the fifth information revolution,the Internet has spread to all corners of the globe,and its importance to the political and military spheres has gradually attracted the attention of states.Friction hidden in cyberspace has also become increasingly prominent,and thanks to its concealment and low cost,cyber attacks have become a common means used by some countries to fight against hostile countries.Due to the nature of cyber attacks themselves,there are many differences between force attacks occurring in cyberspace compared to real traditional force attacks,resulting in the emerging challenge of cyber attacks that cannot be learned from the solutions of traditional force attacks.Although cyberspace is virtual,the cyber infrastructure that launches the attack is governed by the region of the country it belongs to,and the subject of the attack is also affected by geographical and regional factors,so cyber attacks should be governed as matters within the sovereignty of the state.However,looking at the existing system of international law in cyberspace,the subject status of non-state actors is still a gap in the current international system,and there is no official recognition of international law.As a result,many attacking states,in order to avoid state responsibility,will launch cyber attacks by instructing or controlling non-state actors such as hackers and cybercriminal organizations.The exercise of the right of self-defense by the state against cyber attacks by non-state actors has become an international problem,which will undoubtedly make the already disorderly cyberspace more complicated and indirectly shake the foundation of state sovereignty in the international law system.In practice,as the choice of countermeasures and the application of the right of self-defense are constantly controversial,a unified rule of cyberspace governance cannot be formed,so countries put more emphasis on their national security and have defended their interests through unilateral or bilateral acts such as expanding the right of self-defense,strengthening cooperation to combat cybercrime,and enhancing military defense.Therefore,it is necessary to understand the concept of cyber attacks by non-state actors,existing and international regulations on the right of self-defense in cyber attacks based on the clarification of the conditions under which non-state actors constitute forceful attacks,and break the dilemma one by one from three perspectives: subject,attribution,and exercise of the right of self-defense,in order to urge various international actors to act actively to maintain peace and stability in the international community.At the same time,it also further clarifies the subject paradigm of non-state actors,clarifies the nature of their cyber attacks and makes up for the deficiencies and shortcomings of the existing law,so as to improve the existing system of rules of international law in cyberspace and provide a good guarantee for the exercise of the right of self-defense of the state.