Cyber-Attacks as Aggression Crimes in Cyberspace in the Context of International Criminal Law

Abstract

The recent situation in the world shows that cyber-attacks could be one of the most dangerous threats to international peace and security. Offensive operations in cyberspace present unique challenges to the international legal order, which are faced by the international community. While it is consensual that international law applies to cyberspace, the debate about the qualification of cyber-attacks as fundamental crimes under International Criminal Law is still ongoing and has not produced definitive answers. Addressing the implications of transnational cyber threats from the perspective of International Criminal Law will perhaps require a further amendment of the Rome Statute. After briefly illustrating how cyber-attacks are commonly linked in the debate to war crimes, genocide and crimes against humanity, a more detailed analysis will be devoted to the admissibility of cyber-attacks as crimes of aggression, this being the crime most recently defined and, perhaps, the most controversial.
 
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