‘The Territorial Jurisdiction of the ICC for Core Crimes Committed Through the Internet’

Vagias, Michail

doi:10.1093/jcsl/krw021

Cited by 5 publications

(2 citation statements)

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“…Furthermore, as Vagias ( 2016) observes, a cyber-attack could be a form of public and direct incitement to commit genocide, as prohibited by the Convention for the prevention and suppression of the Crime of Genocide. While the incitement was qualified as an act of genocide both in the Statute of the International Criminal Tribunal for the former Yugoslavia and in that of the International Criminal Tribunal for Rwanda, this is no longer the case in the Rome Statute (2002), where the incitement to commit genocide is instead a mode of responsibility (Vagias, 2016). According to Article 25 of the Rome Statute (2002), anyone who contributes to the commission of a crime can also be held responsible, either by instigation or by complicity.…”

Section: Cyber-attacks In the Context Of International Criminal Lawmentioning

confidence: 99%

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

Greco

2020

EJPSS

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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. Article visualizations:<img src="/-counters-/edu_01/0711/a.php" alt="Hit counter" />

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Section: Cyber-attacks In the Context Of International Criminal Lawmentioning

confidence: 99%

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

Greco

2020

EJPSS

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“…85 Case law from the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), whose statutes included similar provisions, reveals that "direct" means an actual invitation, whether explicit or implicit, to commit genocidal acts. 86 It is therefore again dubious that disinformation alone would ever be prosecuted as incitement to genocide.…”

Section: Incitementmentioning

confidence: 99%

Liar's war: Protecting civilians from disinformation during armed conflict

Katz¹

2020

Int. rev. Red Cross

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Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.

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Cyber Warfare: International Criminal Law in the Digital Era

Tsilonis

2024

The Jurisdiction of the International Criminal Court

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‘The Territorial Jurisdiction of the ICC for Core Crimes Committed Through the Internet’

Cited by 5 publications

References 0 publications

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

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

Liar's war: Protecting civilians from disinformation during armed conflict

Cyber Warfare: International Criminal Law in the Digital Era

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