Cyber War Crimes: Challenges for the International Criminal Court

Abstract

This essay aims to analyze cyber war crimes as a challenge for the International Criminal Court. To this end, it reflects on cyberattacks directed against critical infrastructures and examines whether this type of conduct can be understood within the war crimes typified in the Rome Statute. The work is developed from a documentary approach, using scientific articles and research that allow for the interpretation and presentation of relevant information on the subject addressed. It is argued that cyber war crimes currently represent a challenge for the International Criminal Court, insofar as these conflicts take place in a complex environment such as cyberspace, which hinders the identification and individualization of those responsible, as well as the collection of evidentiary means to establish their criminal responsibility. Nevertheless, this does not preclude the possibility for the International Criminal Court to rely on the support of technology companies to obtain technical tools that facilitate the investigation, prosecution, and capture of those responsible for this type of crime.