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.
A hacking group responsible for cyberattacks on water systems in the United States, Poland, and France is linked to the Russian military, according to a cybersecurity firm, indicating that Moscow may escalate its efforts to target opponents' infrastructure.
Sandworm has long been known as Unit 74455 of Russia's GRU military intelligence organization, and it has been linked to attacks on Ukrainian telecom providers as well as the NotPetya malware campaign, which damaged companies worldwide.
Researchers at Mandiant, a security business owned by Google Cloud, discovered that Sandworm appears to have a direct link to multiple pro-Russia hacktivist organizations. Mandiant believes Sandworm can "direct and influence" the activities of Russia's Cyber Army.
One of them is the Cyber Army of Russia Reborn (CARR), also known as the Cyber Army of Russia, which has claimed responsibility for cyberattacks against water infrastructure this year.
One attack occurred in Muleshoe, Texas, causing a water tower to overflow and spilling tens of thousands of gallons of water down the street.
Ramon Sanchez, the city's manager, told The Washington Post that the password for the system's control system interface had been compromised, adding, "You don't think that's going to happen to you." Around the same time, two additional north Texas communities, Abernathy and Hale Center, discovered hostile activity on their networks.
APT44 is not your run-of-the-mill hacking group. It operates with surgical precision, blending espionage, sabotage, and influence operations into a seamless playbook. Unlike specialized units, APT44 is a jack-of-all-trades, capable of infiltrating networks, manipulating information, and disrupting critical infrastructure.
Ukraine has borne the brunt of APT44’s wrath. The group’s aggressive cyber sabotage tactics have targeted critical sectors, including energy and transportation. Their weapon of choice? Wiper malware that erases data and cripples systems. These attacks often coincide with conventional military offensives, amplifying their impact.
But APT44’s reach extends far beyond Ukraine’s borders. It operates in geopolitical hotspots, aligning its actions with Russia’s strategic interests. As the world gears up for national elections, APT44’s interference attempts pose a grave threat. Imagine a digital hand tampering with the scales of democracy.
Mandiant has officially christened Sandworm as APT44. This isn’t just a name change; it’s a recognition of the group’s maturity and menace. The report provides insights into APT44’s new operations, retrospective analysis, and context. Organizations must heed the warning signs and fortify their defenses.
Among every state-sponsored hacking group that has attacked the U.S power grid, and went beyond to compromise American Electric Utilities, only Sandworm, a Russian Espionage group, has been bold enough to activate real blackouts, compelling lights shutdown in Ukraine in 2015 and 2016. A firm that emphasizes grid security has issued a warning that a criminal group that has links to Sandworm's highly sophisticated hackers has been successfully attacking US energy systems and it's been years.
Wired reports, "Dragos ties Kamacite to electric grid intrusions not just in the US, but also to European targets well beyond the well-publicized attacks in Ukraine. That includes a hacking campaign against Germany's electric sector in 2017." Recently, Dragos, an industrial cybersecurity firm issued its yearly report on the current state of industrial controls systems security. The report has identified four new foreign criminal groups which target these critical infrastructure systems. Three of these four groups have attacked US industrial control systems.