The Criminalization of Cyber-operations Under the Rome Statute. (8th November 2021)

• Record Type: Journal Article
• Authors: Trahan, Jennifer
• Is Part Of: Journal of international criminal justice. Volume 19:Number 5(2021)
• Page Start: 1133
• Page End: 1164
• Publication Date: 2021-11-08
• Subjects: International crimes -- Periodicals; Criminal jurisdiction -- Periodicals; International criminal courts -- Periodicals; 364
• DOI: 10.1093/jicj/mqab066
• Languages: English
• ISSNs: 1478-1387

Abstract

Abstract: This article examines how a cyber-operation that has consequences similar to a kinetic or physical attack — causing serious loss of life or physical damage — could be encompassed within the crimes prosecuted before the International Criminal Court (ICC). It explains when and how such a cyber-operation could fall within the ambit of the ICC's crimes — genocide, crimes against humanity, war crimes, and the crime of aggression. The article additionally acknowledges some limitations as to which cyber-operations would be encompassed, given the ICC's gravity threshold as well as the potential difficulty of attributing conduct to a particular suspect through admissible evidence that could meet the requirement of proof beyond a reasonable doubt. Notwithstanding such limitations, increased awareness of the previously largely overlooked potential of the Rome Statute to cover certain cyber-operations could potentially contribute to deterring such crimes.