Discussion On The Exercise Of National Self-defense Rights In Cyber Warfar

As a new combat mode in the information age,cyber warfare has been increasingly widely concerned and valued by all countries with its unique advantages.Therefore,the issues related to cyber war have increasingly become the focus of the international community,especially the international legal regulation of cyber war.After all,cyber security is related to national sovereignty and security and the stability of the international order.As a new mode of combat,cyber war is of the characteristics of the randomness and continuity of attack time,the strong uncertainty of attack source and the identity of attackers,and the diversity of attack means.Moreover,the lag of the theory of national self-defense makes many problems in the application of national self-defense in cyber war.Before analyzing the specific application of the right of national self-defense in cyber warfare,we should first understand some basic issues,such as the nature of cyberspace,the characteristics and forms of cyber warfare.This is the main contents of the first chapter of this article.In addition,the first chapter also analyzes the necessity of the application of national self-defense to cyber war.Secondly,after understanding some basic concepts of cyberspace and cyber warfare,the content of Chapter II clarifies the relevant provisions of the current rules of international law on the application of national self-defense to cyber warfare,as well as the theoretical views of the latest achievement in this field,the Tallinn Handbook 2.0,on related issues.Only in this way can we reveal the difficulties of sovereign states exercising self-defense in the cyber war.The third chapter of the paper explores the specific problems of national self-defense applicable to cyber war,mainly from the judgment standard of "force attack",the identification of state responsibility and the application of the basic principles of the law of war.Finally,after a comprehensive analysis of the above problems,the fourth chapter of the paper explores the solutions based on the reality,.The paper discusses the countermeasures from both international and domestic perspectives.The emergence of cyber war has become an irreversible trend.From the international level,first of all,maintaining the order and stability of cyberspace requires the effective regulation of international law,and the potential of the existing rules of international law should be fully tapped to regulate the cyber actions of the international community.Secondly,the responsibility of cyber war should be attributable,which is a prerequisite for a country to legally exercise the right of self-defense.Third,in the face of the rapid changes in cyberspace,the existing international law needs to be continuously developed and improved.However,the development of internet technology is unbalanced.In this regard,it is necessary to balance the voice of countries in cyberspace governance,fully listen to the voices of developing countries,and help weak countries to expand the channels to express their interests.At the domestic level,China still adheres to the principle of peaceful coexistence,does not use force or the threat of force,adheres to regulating the right to cyber war under the existing international law,actively promotes international cyber security cooperation and consultation,and promotes the process of relevant legislation of the international community.At the same time,China should also adjust the national defense policy,improve the network security legal system,improve the national comprehensive network strength,and provide legal protection and strength backing for China to deal with the network war,prevent and resist risks,and safeguard national security and interests.