Cybercrimes: An Emerging Category of Offenses within the Frame of the International Criminal Court Jurisdiction

Abstract

In our interconnected society, crime persists, demanding joint efforts by national and international authorities to detect, prevent, and prosecute criminal activities. Jurisprudential evolution mandates lawmakers to possess a comprehensive legal vision, adapting laws to changing social contexts and emerging criminal methods, especially in technology, including computer technology and Artificial Intelligence (AI). This article comments on the escalating vulnerability of sovereign states and their economies to cyber-attacks. The radical evolution of computer systems has led to new modes of aggression, targeting not only traditional legal assets but also individuals familiar with advanced technology. The emergence of "cyberwarfare" prompts inquiries into potential categorizations within international legal frameworks. Recent global conflicts highlight the potential classification of cyber-attacks on critical infrastructure as war crimes or acts of aggression, urging the International Criminal Court (ICC) to consider incorporating cybercrimes into its core interests. While normative references may lack in existing conventions, the Martens Clause emphasizes treating attacks using technology as equivalent to conventional means. Article 51 of the United Nations Charter implies that cyber weapons could be deemed equivalent to conventional weapons under international law. The article stresses the importance of education and advanced training for legal personnel skilled in identifying cybercrime perpetrators, challenging the ICC to recruit or train individuals with the necessary legal and technical expertise for effective cybersecurity responses. The article briefly explores challenges in conceptualizing and categorizing cybercrimes within existing legal frameworks. The intersection of law and technology necessitates harmonious collaboration between legal and technical experts, acknowledging the intricate web of cyberspace and the implications of cyber threats on global stability and security. In conclusion, the article advocates a fundamental shift in the approach to justice, recognizing the ICC's imperative evolution in addressing cybercrimes. Integrating cybercrimes into the ICC's purview aligns with international law principles, emphasizing the equivalence of cyber weapons to conventional arms. Collaboration between legal and technical experts is essential in navigating the complexities of cybercrimes, ensuring accountability, and upholding justice in the digital age. The article concludes by highlighting the proactive role of the ICC in shaping the future of global justice amid emerging cyber threats.