The International Criminal Court (ICC) has taken a groundbreaking step by announcing its intent to investigate and prosecute cybercrimes that potentially breach existing international laws, such as the Rome Statute.
The ICC, based in The Hague, is known for prosecuting war crimes, crimes against humanity, and genocide committed in the physical world. Now, it aims to extend its jurisdiction to the digital realm.
In an article published in the quarterly publication Foreign Policy Analytics, Karim Khan, the lead prosecutor of the ICC, outlined this new commitment.
“Cyberwarfare does not play out in the abstract. Rather, it can have a profound impact on people’s lives,” Khan stated, emphasizing that cyberattacks affecting critical infrastructure, like medical facilities or power generation, must be addressed. “Consequently, as part of its investigations, my Office will collect and review evidence of such conduct.”
A spokesperson for the ICC prosecutor told WIRED that this is now the office’s official stance.
They explained, “The Office considers that, in appropriate circumstances, conduct in cyberspace may potentially amount to war crimes, crimes against humanity, genocide, and/or the crime of aggression.”
While not explicitly mentioning specific nations, the ICC’s decision coincides with growing concerns over Russia’s cyberattacks on Ukraine.
The Human Rights Center at UC Berkeley’s School of Law had previously urged the ICC prosecutor to consider war crime prosecutions against Russian hackers involved in cyberattacks on Ukraine.
The ICC’s jurisdiction extends to cyberattacks that result in physical effects comparable to traditional warfare.
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The ICC prosecutor’s statement underscores the evolving landscape of cyberwar and the need to investigate such activities in all cases.
The move could have far-reaching implications. As a party to the Rome Statute, the United States has already indicted six members of the Russian hacking group Sandworm for cybercrimes related to their attacks on Ukraine and other targets.
Charges against Russian hackers at the ICC could lead to international arrest warrants and broader implications for individuals higher up the chain of command.
Lindsay Freeman, the Human Rights Center’s director of technology, law, and policy, noted, “Just looking at how cyber is being used in war, and that [Khan] sees it in his remit and something worth investigating as a priority within his power of discretion, I think is incredibly important.”
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