The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) today issued its Policy on Cyber-Enabled Crimes under the Rome Statute. This represents the first major policy response by an international prosecuting authority to the impact of new technologies on its mandate. This policy reflects the Office's ongoing commitment to applying the law faithfully, while ensuring that it can respond effectively to the evolving ways in which Rome Statute crimes may be committed. This is crucial in fulfilling the Statute's promise for all those it protects.
The Policy is significant for setting out the OTP's understanding of how the existing ICC legal framework applies to conduct in cyberspace which may constitute crimes within the ICC's jurisdiction. These are genocide, crimes against humanity, war crimes, and the crime of aggression, as well as offences against the administration of justice. These international crimes may be facilitated through cyberspace, and evidence from such conduct may be key to establishing them.
"The Rome Statute was designed to address the most serious crimes of concern to the international community, regardless of how they are committed. This Policy demonstrates our determination to ensure that justice keeps pace with technological change. Whether crimes are carried out on the battlefield, through financial systems, or via digital networks, those responsible must be held accountable," Deputy Prosecutor Mame Mandiaye Niang said.
The Policy is also significant for its practical focus. It outlines how the Office will investigate and prosecute cyber-enabled crimes under the Rome Statute on an equal footing with crimes committed and facilitated by other means. It stresses the necessity of technical expertise within the OTP, the importance of cooperation with and among national authorities in safeguarding evidence and recognises the value of active engagement by civil society and the private sector in supporting these efforts.
In particular, the Policy highlights how the OTP's activities intersect with broader national, regional and international efforts to prevent and respond to unlawful or harmful uses of cyberspace. The Office is committed within its mandate to further engage with experts, technology providers, and relevant partners to address responsibly and effectively the challenges of emerging technologies.
"This Policy is both a statement of principle and a call to action. It commits our Office to building the expertise, partnerships, and analytical tools needed to investigate crimes in the digital era. We will continue to cooperate closely with States, civil society, academia, and the private sector to enhance our capacity to gather, authenticate, and present digital evidence - always guided by the law and the interests of justice," Deputy Prosecutor Niang added.
Drawing on the expertise of Prof. Marko Milanović, Special Adviser on Cyber-enabled Crimes, the Policy was developed through an extensive consultation process, incorporating comments from OTP staff, legal and technological experts, and other stakeholders. The Office is grateful to all who contributed to this Policy.
Through this Policy, the Office underscores that cyberspace is not beyond the reach of the law. The principles of the Rome Statute - accountability, deterrence, and justice for victims - are no less relevant online as they are offline.
More information:
Policy on Cyber-Enabled Crimes under the Rome Statute
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