International Criminal Court issues policy clarifying treatment of cyber-enabled crimes under the Rome Statute

The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has issued a Policy on Cyber-Enabled Crimes, outlining how conduct carried out or facilitated through digital and cyber means may be assessed under the Court’s existing legal framework.

The policy makes clear that it does not create new crimes or expand the ICC’s jurisdiction. The Court’s mandate remains limited to the crimes defined in the Rome Statute: genocide, crimes against humanity, war crimes, the crime of aggression, and offences against the administration of justice. Ordinary cybercrimes under domestic law, such as hacking or online fraud, fall outside the ICC’s scope unless they form part of, or facilitate, one of these core international crimes.

According to the policy, the Rome Statute is technology-neutral. This means that legal analysis focuses on whether the elements of a crime are satisfied, regardless of whether the conduct is carried out through physical or digital means. As a result, cyber activities may be relevant both to how crimes are committed and to how evidence is generated, collected, and assessed.

The document sets out illustrative ways in which cyber-enabled conduct could intersect with Rome Statute crimes. These include cyber operations that disrupt essential civilian services, the use of digital platforms to incite, coordinate, or facilitate violence, cyber activities with indiscriminate effects during armed conflict, cyber conduct linked to inter-state uses of force, and digital interference with witnesses, evidence, 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. While there are currently no publicly known ICC cases focused specifically on cyber-enabled crimes, the policy reflects the Prosecutor’s assessment that digital conduct is increasingly relevant to the commission, facilitation, and proof of crimes within the Court’s mandate.