Photo by OSeveno (CC BY-SA 4.0)

On December 3, 2025, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) issued [3] its Policy on Cyber-Enabled Crimes under the Rome Statute. This marks [4] the first major policy response by an international prosecuting authority to the impact of new technologies on its mandate and provides the OTP’s most comprehensive strategy for addressing how core international crimes may be committed or facilitated through cyber means.

The Policy affirms that the provisions of the Rome Statute applies fully to conducts that took place in cyberspace. The OTP states that the crimes within the jurisdiction of the Court—genocide, crimes against humanity, war crimes, and the crime of aggression—as well as offences against the administration of justice can be carried out wholly or partly through cyber means. It provides detailed discussion on how the requirements, specifically the material elements, of these crimes can be met where conduct takes place by cyber means or in cyberspace.

The Policy highlights the increasing importance of digital evidence, noting that electronic information is now central to the investigation process. It emphasises that digital evidence raises unique challenges for collection, authentication, preservation, and security, and commits the OTP to strengthening its technical capacity. The Policy also addresses the growing role of artificial intelligence, recognising its potential to facilitate international crimes and the need to understand how autonomous AI systems affect responsibility.

The Policy notes conformity with internationally recognised human rights; consistency; independence, objectivity and diligence; gravity, impact and practicality; and partnership and vigilance as the principles that guide the work of the OTP. It further raises several practical considerations, including the need to build expertise and training, and the importance of effective cooperation with state parties.