[20211210]IF11995_在网络空间使用武力.pdf

https:/crsreports.congress.gov December 10, 2021Use of Force in CyberspaceIntroduction There are no internationally accepted criteria yet for determining whether a nation state cyberattack is a use of force equivalent to an armed attack, which could trigger a military response. Likewise, no international, legally binding instruments have yet been drafted explicitly to regulate inter-state relations in cyberspace. Self-defense and countermeasures for armed attacks are permitted in international law when a belligerent violates international law during peacetime, or violates the law of armed conflict during wartime. However, the term “armed attack” has no universally accepted definition and is still not well-settled with respect to cyberattacks. In addition to what constitutes an armed attack in cyberspace, questions remain over which provisions of existing international law govern the conduct of war in cyberspace. Relevant Treaty Provisions 1. North Atlantic Treaty Article 4: “The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened.” 2. North Atlantic Treaty Article 5