The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has issued a Policy on Cyber-Enabled Crimes under the Rome Statute. The Policy sets out how the OTP interprets and applies the existing ICC legal framework to conduct that is committed or facilitated through digital and cyber means.
The Policy clarifies that the ICC’s jurisdiction remains limited to crimes defined in the Rome Statute: genocide, crimes against humanity, war crimes, the crime of aggression, and offences against the administration of justice. It does not extend to ordinary cybercrimes under domestic law, such as hacking, fraud, or identity theft, unless such conduct forms part of or facilitates one of the crimes within the Court’s jurisdiction.
According to the Policy, the Rome Statute is technology-neutral. This means that the legal assessment of conduct depends on whether the elements of a crime are met, rather than on the specific tools or technologies used.
As a result, cyber means may be relevant both to the commission of Rome Statute crimes and to the collection and assessment of evidence related to them.
The Policy outlines how cyber-enabled conduct may relate to each category of crimes under the Rome Statute. Examples include cyber operations affecting essential civilian services, the use of digital platforms to incite or coordinate violence, cyber activities causing indiscriminate effects in armed conflict, cyber operations linked to inter-State uses of force, and digital interference with evidence, witnesses, or judicial proceedings before the ICC.
The Policy was developed through consultations with internal and external legal and technical experts, including the OTP’s Special Adviser on Cyber-Enabled Crimes, Professor Marko Milanović. It does not modify or expand the ICC’s jurisdiction, which remains governed exclusively by the Rome Statute.
Currently, there are no publicly known ICC cases focused specifically on cyber-enabled crimes. However, the issuance of the Policy reflects the OTP’s assessment that digital conduct may increasingly be relevant to the commission, facilitation, and proof of crimes within the Court’s mandate.
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