Cyber Operations as Crimes at the International Criminal Court

Document Type

Blog Posting

Publication Date

10-4-2023

Publication Title

Articles of War (Lieber Institute)

Keywords

Russia, Ukraine, International Criminal Court (ICC), cyber operations, Rome Statute

Abstract

Over the past several years, Russia has been accused of carrying out a significant number of cyber operations against Ukraine. Some of these might amount to crimes within the jurisdiction of the International Criminal Court (ICC). Other rogue States could also carry out harmful cyber operations in the near future.

Investigating cyber operations that amount to crimes under the Rome Statute and prosecuting individuals responsible for launching such operations, as well as statements such as those by the Prosecutor and the Court’s recent policy paper, remain important work. Jurisdictional limits on the prosecution of the crime of aggression notwithstanding, such work may well contribute to the deterrence of such crimes, whether in Russia or elsewhere.

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