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International Criminal Court Hit by Advanced Cyber Attack, No Major Damage

International Criminal Court Hit by Advanced Cyber Attack, No Major Damage

Swift discovery helped the ICC

Last week, the International Criminal Court (ICC) announced that it had discovered a new advanced and targeted cybersecurity incident. Its response mechanism and prompt discovery helped to contain the attack. 

The ICC did not provide details about the attackers’ intentions, any data leaks, or other compromises. According to the statement, the ICC, which is headquartered in The Hague, the Netherlands, is conducting a threat evaluation after the attack and taking measures to address any injuries. Details about the impact were not provided. 

Collective effort against threat actors

The constant support of nations that have ratified the Rome Statute helps the ICC in ensuring its capacity to enforce its mandate and commitment, a responsibility shared by all States Parties. “The Court considers it essential to inform the public and its States Parties about such incidents as well as efforts to address them, and calls for continued support in the face of such challenges,” ICC said. 

The ICC was founded in 2002 through the Rome Statute, an international treaty, by a coalition of sovereign states, aimed to create an international court that would prosecute individuals for international crimes– war crimes, genocide, terrorism, and crimes against humanity. The ICC works as a separate body from the U.N. International Court of Justice, the latter brings cases against countries but not individuals.

Similar attack in 2023

In 2023, the ICC reported another cybersecurity incident. The attack was said to be an act of espionage and aimed at undermining the Court’s mandate. The incident had caused it to disconnect its system from the internet. 

In the past, the ICC has said that it had experienced increased security concerns as threats against its various elected officials rose. “The evidence available thus far indicates a targeted and sophisticated attack with the objective of espionage. The attack can therefore be interpreted as a serious attempt to undermine the Court's mandate," ICC said. 

The recent notable arrests issued by the ICC include Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.

ICC Investigates Russian Cyberattacks on Ukraine as War Crimes

 



The International Criminal Court (ICC) is conducting an unprecedented investigation into alleged Russian cyberattacks on Ukrainian civilian infrastructure, considering them possible war crimes. This marks the first time international prosecutors have delved into cyber warfare, potentially leading to arrest warrants if sufficient evidence is gathered.

Prosecutors are examining cyberattacks on infrastructure that jeopardised lives by disrupting power and water supplies, cutting connections to emergency responders, or knocking out mobile data services that transmit air raid warnings. An official familiar with the case, who requested anonymity, confirmed the ICC's focus on cyberattacks since the onset of Russia’s full-scale invasion in February 2022. Additionally, sources close to the ICC prosecutor's office indicated that the investigation might extend back to 2015, following Russia's annexation of Crimea.

Ukraine is actively collaborating with ICC prosecutors, collecting evidence to support the investigation. While the ICC prosecutor's office has declined to comment on ongoing investigations, it has previously stated its jurisdiction to probe cybercrimes. The investigation could set a significant legal precedent, clarifying the application of international humanitarian law to cyber warfare.

Among the cyberattacks being investigated, at least four major attacks on energy infrastructure stand out. Sources identified the hacker group "Sandworm," believed to be linked to Russian military intelligence, as a primary suspect. Sandworm has been implicated in several high-profile cyberattacks, including a 2015 attack on Ukraine's power grid. Additionally, the activist hacker group "Solntsepyok," allegedly a front for Sandworm, claimed responsibility for a December 2022 attack on the Ukrainian mobile provider Kyivstar.

The investigation raises questions about whether cyberattacks can constitute war crimes under international law. The Geneva Conventions prohibit attacks on civilian objects, but there is no universally accepted definition of cyber war crimes. Legal scholars, through the Tallinn Manual, have attempted to outline the application of international law to cyber operations. Experts argue that the foreseeable consequences of cyberattacks, such as endangering civilian lives, could meet the criteria for war crimes.

If the ICC prosecutes these cyberattacks as war crimes, it would provide much-needed clarity on the legal status of cyber warfare. Professor Michael Schmitt of the University of Reading, a key figure in the Tallinn Manual process, believes that attacks like the one on Kyivstar meet the criteria for war crimes due to their foreseeable impact on human lives. Ukraine’s intelligence agency, the SBU, has provided detailed information about the incident to ICC investigators.

Russia, which is not an ICC member, has dismissed accusations of cyberattacks as attempts to incite anti-Russian sentiment. Despite this, the ICC has issued four arrest warrants against senior Russian figures since the invasion began, including President Vladimir Putin. Ukraine, while not an ICC member, has granted the court jurisdiction to prosecute crimes on its territory.

The ICC's probe into Russian cyberattacks on Ukrainian infrastructure could redefine the boundaries of international law in cyberspace. As the investigation unfolds, it may establish a precedent for holding perpetrators of cyber warfare accountable under international humanitarian law.