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随着时代的发展和科学技术的进步,军事对抗早在100年前就已拓展到电磁空间。如今,电子对抗已经成为信息作战的重要样式,与电子对抗相关的国际法问题也凸显出来。虽然现行国际法中已经有一些制约电子对抗的相关规范,但国际法赶不上电子对抗技术的发展,对电子战破坏的程度和责任缺乏约束和规范,战争法的“区分原则”和“军事需要原则”日益模糊,“中立”的概念也被虚化,已形成的一些国际惯例也在促进电子战的发展。由于国际法的不完善性、电子战的高技术性和作战领域的特殊性,伴随电子战的法律争斗必将更加复杂和激烈。
With the development of the times and the progress of science and technology, military confrontation has been extended to electromagnetic space as early as 100 years ago. Nowadays, electronic warfare has become an important mode of operation for information and the issue of international law related to electronic warfare has also been highlighted. Although there are already some relevant norms restricting electronic warfare in current international law, international law can not keep up with the development of electronic warfare technology, and it lacks constraints and norms in the extent and responsibility for the destruction of electronic warfare. The “principle of distinction” and the “military need” The principle of “increasingly fuzzy,” “neutral” concept has also been virtualized, some of the established international practices are also promoting the development of electronic warfare. Due to the imperfections of international law, the high-tech electronic warfare and the specialties in the field of warfare, the legal battle with EW will surely become more complicated and fierce.