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Crime The Courts

The International Criminal Court Will Now Prosecute Cyberwar Crimes (wired.com) 32

An anonymous reader quotes a report from Wired: For years, some cybersecurity defenders and advocates have called for a kind of Geneva Convention for cyberwar, new international laws that would create clear consequences for anyone hacking civilian critical infrastructure, like power grids, banks, and hospitals. Now the lead prosecutor of the International Criminal Court at the Hague has made it clear that he intends to enforce those consequences -- no new Geneva Convention required. Instead, he has explicitly stated for the first time that the Hague will investigate and prosecute any hacking crimes that violate existing international law, just as it does for war crimes committed in the physical world.

In a little-noticed article released last month in the quarterly publication Foreign Policy Analytics, the International Criminal Court's lead prosecutor, Karim Khan, spelled out that new commitment: His office will investigate cybercrimes that potentially violate the Rome Statute, the treaty that defines the court's authority to prosecute illegal acts, including war crimes, crimes against humanity, and genocide. "Cyber warfare does not play out in the abstract. Rather, it can have a profound impact on people's lives," Khan writes. "Attempts to impact critical infrastructure such as medical facilities or control systems for power generation may result in immediate consequences for many, particularly the most vulnerable. Consequently, as part of its investigations, my Office will collect and review evidence of such conduct."

When WIRED reached out to the International Criminal Court, a spokesperson for the office of the prosecutor confirmed that this is now the office's official stance. "The Office considers that, in appropriate circumstances, conduct in cyberspace may potentially amount to war crimes, crimes against humanity, genocide, and/or the crime of aggression," the spokesperson writes, "and that such conduct may potentially be prosecuted before the Court where the case is sufficiently grave." Neither Khan's article nor his office's statement to WIRED mention Russia or Ukraine. But the new statement of the ICC prosecutor's intent to investigate and prosecute hacking crimes comes in the midst of growing international focus on Russia's cyberattacks targeting Ukraine both before and after its full-blown invasion of its neighbor in early 2022.

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The International Criminal Court Will Now Prosecute Cyberwar Crimes

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  • by onceuponatime ( 821046 ) on Friday September 08, 2023 @08:27AM (#63832218)

    The ICC is hosted in the Netherlands, a country that a few years ago made a new law that says that anyone in a profession with an obligation to secrecy cannot be prosecuted for perjury if they lie in court. And the attorney general also said that a Dutch prosecutor can never be prosecuted for for perjury.

    So that means the court itself will also be running with these rules, real high integrity then.

    • In case it wasn't clear, everyone in government has an obligation for secrecy. So everyone in government can lie under oath in Dutch courts without fear of prosecution. Clearly that would also mean in the ICC.

    • by Anubis IV ( 1279820 ) on Friday September 08, 2023 @08:41AM (#63832244)

      So that means the court itself will also be running with these rules

      This is patently false FUD. The ICC is no more bound to follow Netherlands law because it’s in the Netherlands than the UN is bound to follow US law because it’s headquartered in New York City. The ICC was established by international treaty (Rome Treaty) and is governed by international treaty, not the national laws of the Netherlands. While perjuring yourself may not violate national law, it would still violate the rules governing the ICC.

    • by Schoenlepel ( 1751646 ) on Friday September 08, 2023 @08:44AM (#63832254)

      Ummm... While the ICC is located inside the borders of the Netherlands, it's actually international territory so international law applies there, not Dutch law.

      • I stand corrected then. That's good to know!

        So it's just the local court system that's absolutely corrupt and has no integrity.

        This is no way suggests that the ICC within it's borders is tainted by these laws, thanks for clarifying. That's something at least.

    • a court merkins don't recognise and threatened to invade the country if it tried a merkin.
  • Zuck must be terrified. At least as much as he experiences human emotions.

  • Congress doesn't much care for the ICC:

    https://en.m.wikipedia.org/wik... [wikipedia.org]

    Repeal attempts have been voted down.

    "Not today, Globalists!"

    • Congress doesn't much care for the ICC:

      https://en.m.wikipedia.org/wik... [wikipedia.org]

      Repeal attempts have been voted down.

      "Not today, Globalists!"

      Americans distrust the very idea of "international law", because it implies a loss of sovereignty and independence. Probably with good reason. As much of a clown show as our own government is, the various UN groups are even worse.

      • Re:Not for US (Score:4, Insightful)

        by higuita ( 129722 ) on Friday September 08, 2023 @11:21AM (#63832748) Homepage

        and that his why Russia can do bad things, because they think just like the US ...
        laws are for other people to follow, "we" are superior to them.... hey, the other side is doing war crimes, you must act, ICC... our war crimes were accidents, ICC, ignore them...

        Now replace the we for US or Russia, it is exactly the same, if there is impunity, there will be abuses

        • Re: (Score:2, Insightful)

          by tlhIngan ( 30335 )

          and that his why Russia can do bad things, because they think just like the US ...

          There is a warrant out for Putin's arrest. But because Russia isn't a part of the Rome treaty, they're not obligated to follow it.

          But it's a bit of a problem, because Russia is a part of BRICS. And the BRICS conference was held in South Africa, which IS a signatory. In fact it resulted in a problem because if Putin were to travel to South Africa to attend, South Africa would be obligated to arrest Putin. Russia sent some other

        • It's not like the US doesn't do bad things, why do you think they don't want to be part of the ICC.
    • Off course "with all force necessary, even military" is a declaration of war against a NATO member.
  • ...if it's only applied selectively by the most powerful nations to suit their own ends. Meanwhile, grave war crimes & crimes against humanity by "allies" regularly go overlooked.
  • Memes that offend someone will now be classified as war crimes.
  • I guess they'll have to rename it Flight Club.

  • Not to defend war, but knocking out power stations helps cripple the opponents' infrastructure.

    Hospitals are, of course, already exempted as war crimes (and even have problems with scurrilous regimes hiding stuff there, or putting radars atop them, as if daring attacks.)

  • It was the US who targeted Iran's power infrastructures, so they also need to be dragged into court. And that's just the tip of the iceberg what the US has done trough cyberwarfare.
  • This really should be procecuted as attempted murder. It's bad when they get into a patient's oetsonal info or billing database, but it's far worse if they get into the database that holds dosage levels, pharmacutical types, and other life critical information. Possibly changing the values only just enough that a doctor or nurse might not immediately take notice, but could injure or kill a patient.

Marvelous! The super-user's going to boot me! What a finely tuned response to the situation!

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