Since before Russia’s full scale invasion of Ukraine in 2022, the TLP team has been documenting and investigating Russian cyber-attacks targeting Ukraine’s critical civilian infrastructure. After thorough legal research and an examination of the evidence and the facts, the team determined that several of these cyber-attacks could be charged as war crimes pursuant to Article 8 of the Rome Statute. In March 2022 and March 2023, we submitted Article 15 communications to the International Criminal Court (ICC) Office of the Prosecutor (OTP), identifying five key cyber-attacks that we believe could be charged as war crimes in the current investigation in Ukraine. Since then, we have received positive feedback from the ICC Prosecutor, who announced his intention to investigate cyber-enabled crimes that could fall within the jurisdiction of the Court in all situations. To this end, the OTP is drafting its first cyber policy.
We have also shared our confidential submissions with the Office of the Prosecutor General of Ukraine and provided advice to Ukrainian prosecutors on how such acts could be charged as war crimes under the Ukrainian Criminal Code. Given the unprecedented international cooperation for accountability in Ukraine, we have also shared our proposed case with the national war crimes units of other states to generate interest and support.
Cyber-enabled international crimes present novel legal issues that have yet to be adjudicated in court. As such, we are also actively engaged in legal analysis and advocacy on how international humanitarian law and international criminal law should be applied to cyberspace for the maximal protection of civilians and civilian objects.
Using the Rome Statute for Cyber-enabled Crimes
The ICC Office of the Prosecutor hosted a conference addressing cyber-enabled crimes through the Rome Statute system on January 22, 2024. Technology, Law & Policy Director Lindsay Freeman is interviewed about her takeaways from the conference at 2.55.
News
October 18, 2023
Hackers in the Hague? The Prospects of Prosecuting International Cyber Crimes Before the ICC
HRC in the News — Lawfare: Hackers in the Hague? The Prospects of Prosecuting International Cyber Crimes Before the ICC, citing Lindsay Freeman on the ICC’s decision to investigate
October 13, 2023
Cybercrimes under consideration by the ICC
HRC in the News — IBA Global Insights Magazine: Cybercrimes under consideration by the ICC, interviewing Lindsay Freeman about the Article 15 Communications submitted to the ICC by the Human
September 15, 2023
HRC in the News — EJIL: Talk!, The Prosecutor’s New Policy on ‘Cyber Operations’ before the International Criminal Court (and its Implications for Ukraine): Some Preliminary
September 7, 2023
The International Criminal Court Will Now Prosecute Cyberwar Crimes
HRC in the News — WIRED: The International Criminal Court Will Now Prosecute Cyberwar Crimes, interviewing Lindsay Freeman and citing HRC’s second Article 15 submission to the
April 14, 2023
Ukraine Symposium – Accountability for Cyber War Crimes
Commentary — Articles of War: Ukraine Symposium – Accountability for Cyber War Crimes, by Lindsay Freeman.
April 4, 2023
The Gravity of Russia’s Cyberwar against Ukraine
Commentary — Opinio Juris: The Gravity of Russia’s Cyberwar against Ukraine, by Lindsay Freeman, Amanda Ghahremani, and Sophie Lombardo.
January 11, 2023
The war in Ukraine tests how cyberattacks fit into rules for war crimes
HRC in the News — The Washington Post’s Cybersecurity 202 newsletter: The war in Ukraine tests how cyberattacks fit into rules for war crimes, referencing Lindsay Freeman and the
July 19, 2022
Russian Cyberattacks Need an International Criminal Court Response
Commentary — Center for European Policy Analysis: Russian Cyberattacks Need an International Criminal Court Response, an op-ed by Lindsay Freeman.
May 12, 2022
The Case for War Crimes Charges Against Russia’s Sandworm Hackers
HRC in the News — WIRED: The Case for War Crimes Charges Against Russia’s Sandworm Hackers, featuring Lindsay Freeman and her team’s research and submission to the International