On 3 December 2025, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) officially issued its Policy on Cyber-Enabled Crimes under the Rome Statute. This document marks a historic moment, representing the first major policy response by an international prosecuting authority to the impact of new technologies on its mandate. The policy was developed through an extensive global consultation process involving Special Adviser Professor Marko Milanovic. It specifically outlines how the existing ICC legal framework applies to conduct in cyberspace that constitutes crimes within the Court’s jurisdiction.
This initiative reflects the OTP’s determination to ensure that justice keeps pace with technological change. As Deputy Prosecutor Mame Mandiaye Niang emphasised, the Rome Statute was designed to address the most serious crimes regardless of how they are committed, whether on the battlefield or via digital networks. The OTP recognises that international crimes, such as genocide or war crimes, may now be facilitated through cyberspace, and asserting jurisdiction here is crucial to fulfilling the Statute’s promise for all those it protects.
Through this Policy, the OTP underscores the vital principle that cyberspace is not beyond the reach of the law. The Office has committed to investigating and prosecuting cyber-enabled crimes on an equal footing with crimes committed by other means. To achieve this, the OTP will build its technical expertise and foster cooperation with States, civil society, and the private sector to gather and authenticate digital evidence. Ultimately, this ensures that accountability and justice are no less relevant online than they are offline.
