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- Jordan Murphy: The Extent to Which Cyberwarfare May Constitute Crimes Under the Rome Statute and Conditions for Accountability The International Court of Justice held in 1996 that international humanitarian law applies to all means of warfare, including those of the future.1 Such a concept must be applicable to the Rome Statute; if means and methods of war change, so too must the laws regulating them. The regulation of cyber... (more)
- Rory Razi: Cyber Attacks and the Crime of Aggression With rapidly advancing technology comes the disastrous reality of cyber attacks. This comment explores whether cyber attacks can be prosecuted at the International Criminal Court (ICC) as crimes of aggression. Section I discusses the Iran Stuxnet cyber attack. Section II, explores creative interpretation of the Rome Statute, Art. 8 bis, and... (more)
- SimonRuhland: Economic Cyber Crimes and the Rome Statute Summary This comment examines the possibility to prosecute perpetrators of economic cyber attacks under the Rome Statute. It considers economic cyber attack to be cyber attacks on financial institutions, businesses, or individuals with the primary goal of financial enrichment. The comment first assesses the possibility of prosecution under Article 8 and... (more)
- danielkim0610: Defining the Unique Issues Prosecuting Criminal Cyber Defense Actions Under the Rome Statute Presents: A Lost Cause? Cybersecurity has launched itself to the spotlight within both the scope of governmental organizations protecting national security and private industry keeping their own systems intact. Societal dependence on technology has brought with it the magic of efficiency, cost-effectiveness and widespread digital penetration on a scale... (more)
- Pankhuri97: Incorporation of Cyberwarfare in the Rome Statute: A Futile Endeavour Introduction How wars are conducted has evolved throughout history with nations adopting more and more efficient and sophisticated means of causing mass destruction. We are witnessing a transition from traditional weapons such as ammunition to cyber weapons. The Tallinn attack of 2007, the Georgia hack of 2008 and the Stuxnet worm detected in 2010 are already some... (more)
- Jeng2023: Tackling Territoriality: Fitting Cyber Crimes into the Crime of Aggression Introduction Territoriality has always been a key issue in national sovereignty. Wars have been fought over borders of nations, as territorial disagreements are often the precursor to war.1 This has led to conclusions where: “if you want to avoid war, learn how to settle territorial disputes non-violently.”2 However, the uniqueness of cyber activities... (more)
- JohnG: Distinguishing Cyberwarfare in the Law of Armed Conflict I. Introduction The dawn and parabolic expansion of the Internet over the last half-century revolutionized how individuals, businesses, organizations, and states interact with one another. As states and their militaries have become increasingly interconnected and dependent on these technologies, a new realm of warfare has evolved beyond the conventional battlefields of air, land,... (more)
- Smithp2022: Social Media May be Used to Commit Genocide Under the Rome Statute I. Introduction As technology progresses, cyber crime grows as a concern on a national, transnational, and international level. As the International Criminal Court pursues its goals of holding actors accountable for criminal violations of international law in 2022 and beyond, it will have to contend with a world that depends more and more on technology in all... (more)
- mschneer: Accountability for NotPetya: Why the International Criminal Court Can, and Should, Prosecute the Perpetrators of the NotPetya Cyber Attack as a War Crime I. Introduction In June 2017, a popular Ukrainian tax accounting software called M.E.Doc underwent a routine software update. Unbeknownst to the thousands of Ukrainians who use this software, that update served as the entry point for a destructive malware that would soon gain access to... (more)
Comment on the Cyberwarfare Question: “To what extent and under what conditions might cyber operations or cyberwarfare constitute crimes specified in the Rome Statute?”
The evolution of warfare has seen a shift towards cyber weapons, with nations increasingly utilizing cyber means for warfare due to their potential for significant results at relatively lower costs compared to traditional weapons. Examples of cyber attacks, such as the Tallinn attack, the Georgia hack, and the Stuxnet worm, highlight the existing use of cyber warfare.
It is predicted that more states will employ cyber capabilities in future conflicts, given the accessibility and affordability of cyber attacks. However, this reliance on cyber technology also exposes countries with advanced cyber capacity to vulnerabilities if targeted by cyber attacks.
It is important to differentiate between cyber crimes and cyber attacks. Cyber crimes are offenses punishable under national penal codes and involve private perpetrators, typically related to computer-related fraud or forgery. On the other hand, cyber attacks aim to cause mass destruction, harm connected systems and facilities, and potentially result in human loss.
While attempts have been made to incorporate cyber offenses into international criminal law, there has been no concrete formulation in the realm of cyber warfare. Some scholars and experts argue for the inclusion of cyber warfare within Article 8 bis (Crime of Aggression) of the Rome Statute, which addresses acts of aggression.
The development of legal frameworks to address cyber warfare is an ongoing process, and it requires careful consideration of the unique challenges posed by cyber attacks in order to ensure accountability and effective deterrence in this evolving landscape.