New challenges for international criminal law: how to incorporate cybercrimes committed during armed conflicts into the existing legal framework

Анотація

The article examines the legal characterization of cybercrimes in the international context, with particular attention to cyber operations committed during armed conflicts. The study explores the distinction between ordinary cybercrimes, typically prosecuted under domestic criminal law and international cooperation frameworks such as the Budapest Convention (2001), and cyberattacks carried out in wartime, which fall under the scope of international humanitarian law and international criminal law. Special focus is placed on the challenges of attributing responsibility, defining cyber operations in the context of warfare, and incorporating such acts into the jurisdiction of international courts.

The urgency of this article is underscored by the ongoing war in Ukraine, which has demonstrated the devastating humanitarian impact of large-scale cyberattacks on civilian infrastructure, such as the Kyivstar incident currently under investigation by the International Criminal Court. This highlights the pressing need to adapt existing international legal frameworks to ensure accountability for cyber-enabled violations of IHL.

The article analyzes how cyber operations can amount to war crimes, crimes against humanity, or even acts of aggression if their effects meet the thresholds established under Rome Statute of the International Criminal Court. It argues that, although the Rome Statute does not explicitly mention cybercrimes, its provisions are sufficiently technology-neutral to encompass cyber conduct when interpreted in light of humanitarian consequences. Reference is made to the Tallinn Manual 2.0, International Committee of the Red Cross positions, and scholarly contributions that emphasize the adaptability of current law to emerging digital threats.

Furthermore, the study highlights ongoing debates among scholars and policymakers regarding whether explicit amendments to the Rome Statute are necessary, or whether consistent interpretation of existing provisions is sufficient. It stresses that while treaty reform may be politically difficult, judicial practice, state cooperation, and interpretive clarification by bodies such as the Council of Advisers on the Application of the Rome Statute to Cyberwarfare can effectively integrate cyber operations into the framework of international criminal accountability.

The study concludes that incorporating cyber operations into international criminal law does not necessarily require new treaties but rather a consistent interpretation and application of existing norms. Ensuring accountability for cyberattacks in armed conflict will depend on judicial practice, state cooperation, and clarification by international institutions. In this way, the article contributes to the broader debate on strengthening the international legal order in response to the realities of modern warfare.