The International Criminal Court (ICC) Office of the Prosecutor has unveiled its Policy on Cyber-enabled Crimes under the Rome Statute, outlining how it will investigate and prosecute offenses committed or facilitated through digital means.
In a 72-page document, the ICC Prosecutor said the office “will approach cases concerning cyber-enabled crimes on an equal basis with other types of criminality,” adding that it is prepared to pursue both perpetrators and facilitators of such offenses.
Under the policy, “cyber-enabled crimes” refer to genocide, crimes against humanity, war crimes, aggression, and offenses against the administration of justice when these acts are committed or aided through cyber tools.
A crime is deemed cyber-enabled if it meets the mode of responsibility under Articles 25 and 27 of the Rome Statute, including ordering, inducing, soliciting, or aiding and abetting. The ICC clarified that the underlying crime does not have to be executed online for cyber facilitation to apply.
The court noted that potentially unlawful conduct under the Statute may include cyberattacks on essential services that cause civilian deaths or serious injuries, online messages inciting international crimes, and the creation or publication of degrading images of protected persons, such as prisoners of war—if these are linked to armed conflict or a widespread or systematic attack on civilians.
“Justice must not be outpaced by the speed of global change,” the Prosecutor’s Office said, stressing the need to adapt to the evolving circumstances in which Rome Statute crimes may occur. While acknowledging the benefits of emerging technologies, the office warned that these tools could also shift “front lines” or be exploited to conceal criminal conduct.
“Even as our Office investigates and prosecutes current and past crimes, we have no lesser responsibility to ensure we are ready to address the crimes of tomorrow,” it added.
