Research on the Inclusion of "Being Subjected to a Cyber Attack" as a Condition for the Exercise of the Right
Abstract
With the development of information technology, the scale of cyber-attacks is getting bigger and bigger, and the serious harm to national life is growing, while the relief of international law for the regulation of cyber-warfare is in a relatively blank state. Based on the traditional right, this paper will argue the possibility, necessity, jurisprudence, and practicability of including cyber attacks into the conditions of exercising the right from four perspectives (i.e., the advantages of countering cyber attacks by forces of self-defense, the exclusion of other remedies, the jurisprudential basis for the exercise of the right, as well as the study of the legislative attempts and legal achievements of the present-day in the field) in order to illustrate the rationality of the right and construct the elements and structure of the operation of this right on the basis of the law of armed conflict. The author also discusses the elements and structure of the operation of this right on the basis of the Law of Armed Conflict, in order to rationalize the proposal and make it more in line with international law’s spirit; and finally, discusses the disputes over the application of this system, provides new perspectives and suggestions for examining this issue.
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