ICC prosecutor launches policy on probing cyber crimes

The International Criminal Court (ICC) Office of the Prosecutor has launched its Policy on Cyber-enabled Crimes under the Rome Statute, which sets how the office will investigate and prosecute cyber-enabled crimes.

“The Office will approach cases concerning cyber-enabled crimes on an equal basis with other types of criminality,” the ICC Prosecutor said in a 72-page document.

“The Office is prepared to investigate and prosecute both the perpetrators and the facilitators of cyber-enabled crimes within the Court’s jurisdiction,” it added.

According to the ICC, “cyber-enabled crimes” are crimes within its jurisdiction such as genocide, crimes against humanity, war crimes and aggression, or offenses against the administration of justice of the court when these crimes are committed or facilitated with the use of cyber means.

A crime is facilitated by cyber means if it satisfies a mode of responsibility under Articles 25 and 27 of the Statute, including ordering, inducing, soliciting, and aiding and abetting.  

“It is irrelevant in this context whether the underlying crime of the principal is itself committed by cyber means (it could, but need not, be),” the ICC said.

Meanwhile, the ICC said potentially unlawful conduct under the Statute may include the following, if these were carried out with the aim of armed conflict or a widespread/systematic attack on a civilian population:

• Cyber attacks on essential services causing deaths or serious injury to civilians,
• Online messages calling for international crimes to be carried out, and
• Creating or publishing degrading images of protected persons such as prisoners of war.

“Justice must not be outpaced by the speed of global change. At the Office of the Prosecutor, this means ensuring that we adapt appropriately to the full range of circumstances in which Rome Statute crimes may be committed,” it said.

The Office of the Prosecutor added that while it welcomes new and emerging technologies, these new technologies may redraw the “front lines.”

“On occasion, technology may even be exploited to try and obscure the fact that crimes are committed at all,” it said.

“Even as our Office investigates and prosecutes current and past crimes, therefore, we have no lesser responsibility to ensure we are ready to address the crimes of tomorrow,” it added. — JMA, GMA Integrated News