The International Criminal Court (ICC) is investigating alleged Russian cyberattacks on Ukrainian civilian infrastructure as potential war crimes. This marks the first time international prosecutors are examining cyberattacks in the context of war crimes, with a focus on attacks that have disrupted power, water supplies, and emergency services in Ukraine. The investigation includes attacks from the start of the full-scale invasion in February 2022 and may extend to incidents dating back to 2015.
The ICC is working with Ukrainian teams to gather evidence on these cyberattacks. Russian denial of involvement and accusations of anti-Russian sentiment have not deterred the investigation, which aims to determine if these cyber actions, which have endangered lives and damaged critical infrastructure, constitute war crimes. The ICC has previously issued arrest warrants against senior Russian officials for other war crimes, but this is the first time cyberattacks are being considered in this context.
One key group under scrutiny is the hacker group known as “Sandworm,” linked to Russian military intelligence. Sandworm is suspected of significant attacks, including a 2015 power grid hack and a major 2022 attack on the Ukrainian telecommunications provider Kyivstar. These attacks are being assessed for their potential classification as war crimes, with the ICC exploring the implications for international law regarding cyber warfare.
The investigation could set a precedent in international law, as there is no universally accepted definition of a cyber war crime. The Tallinn Manual, drafted by legal scholars in 2017, addresses the application of international law to cyber operations, but experts still debate whether cyberattacks on data and infrastructure can be considered war crimes. The outcome of this investigation may clarify how international humanitarian law applies to cyber warfare.
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