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  • 7 - Contributing to Cyber Peace by Maximizing the Potential for Deterrence

  • from Part III - Lessons Learned and Looking Ahead
  • Edited by Scott J. Shackelford, Indiana University, Bloomington, Frederick Douzet, Christopher Ankersen, New York University
  • Book:
    Cyber Peace
    Published online:
    21 April 2022
    Print publication:
    05 May 2022, pp 131-153
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  • Summary

    This chapter examines how a cyberattack that has consequences similar to a kinetic or physical attack – causing serious loss of life or physical damage – could be encompassed within the crimes that may be prosecuted before the International Criminal Court (“ICC”). While it is a very limited subset of cyber operations that might fall within the ambit of the ICC’s Rome Statute, the chapter explains when and how a cyberattack could constitute genocide, crimes against humanity, war crimes, or the crime of aggression. The chapter additionally acknowledges limitations as to which attacks would be encompassed, given, particularly, the ICC’s gravity threshold as well as the hurdle of proving attribution by admissible evidence that could meet the requirement of proof beyond a reasonable doubt. Notwithstanding such limitations, increased awareness of the largely previously overlooked potential of the Rome Statute to cover certain cyberattacks could potentially contribute to deterring such crimes and to reaching the goal of a state of “cyber peace.”