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《China Public Security(Academy Edition)》 2018-03
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Application of International Humanitarian Law in Cyber Attacks

JU Hui;International Law College, East China University of Political Science and Law;  
The advent of the era of network information makes it possible for cyber attacks in cyberspace. Article 36 of Additional Protocol 1 to the Geneva Conventions and common article 2 of the four Geneva conventions have indirect and implied rules in the cyberspace. There are some difficulty in target tracking and measuring the loss in defining the space of cyber attack, at the same time it will directly affect the international humanitarian law's applying or not, which is different from the traditional kinetic energy of the battlefield. The applicable of International Humanitarian Law in cyber space must be on the premise of strictly defined "Cyber Attack". And the principle of distinction, the principle of proportionality and means and methods of warfare are suitable for the regulation of cyber attacks. And "Martens Clause" regulates the matters which the current international convention has not yet been prescribed. So we will achieve the humanitarian goal of reducing unnecessary collateral damage in cyber attacks.
【CateGory Index】: D99
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