The Hague Turns its Gaze Toward Cyberspace

Disinformation, hate speech, and attacks against critical infrastructure will now be considered by the International Criminal Court.

The International Criminal Court (ICC), a body established by the Rome Statute in 1998, has a long history of focusing on crimes of physical violence, such as genocide and war crimes. These cases have often unfolded in clearly defined physical spaces—from the fields of Darfur to the streets of the former Yugoslavia.

But Karim A.A. Khan KC, the third Prosecutor of the ICC, is working to update the court's perspective, broadening its scope to tackle 21st-century forms of warfare and criminality.

His recent article on this subject, launched without fanfare alongside the thoughts of other prominent international experts on the topic of “Digital Front Lines”, represents a distinct departure from the ICC's traditional focus and fits into Khan's broader efforts to modernize the court.

Khan extends his analysis beyond traditional battlefields to address the complexities of cyber warfare, which he argues can meet the criteria of international crimes under the ICC's existing framework. While the R…