Gravity in the Statute of the International Criminal Court and Cyber Conduct That Constitutes, Instigates or Facilitates International Crimes

30 Criminal Law Forum (2019), pp. 247-272

U. of Westminster School of Law Research Paper

21 Pages Posted: 13 Aug 2019 Last revised: 13 Sep 2019

See all articles by Marco Roscini

Marco Roscini

University of Westminster School of Law; Geneva Academy of International Humanitarian Law and Human Rights

Date Written: April 25, 2019

Abstract

This article explores the application of the gravity threshold to cyber activities that might fall under the jurisdiction of the International Criminal Court. It first looks at how international crimes within the jurisdiction of the Court can be committed, instigated or facilitated in and through cyberspace and then discusses the problems that might arise when assessing gravity in this context. In particular, the article applies the factors of the gravity assessment identified in the Court’s case-law and by the Prosecutor, i.e. the identification of those ‘most responsible’ for the alleged crimes and certain quantitative and qualitative factors, in order to determine the gravity of a case or situation involving cyber conduct.

Keywords: Cyber Attacks, International Criminal Court, International Criminal Law, Gravity, International Crimes

JEL Classification: K33

Suggested Citation

Roscini, Marco, Gravity in the Statute of the International Criminal Court and Cyber Conduct That Constitutes, Instigates or Facilitates International Crimes (April 25, 2019). 30 Criminal Law Forum (2019), pp. 247-272, U. of Westminster School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3435439 or http://dx.doi.org/10.2139/ssrn.3435439

Marco Roscini (Contact Author)

University of Westminster School of Law ( email )

4 Little Titchfield Street
London, W1W 7UW
United Kingdom

Geneva Academy of International Humanitarian Law and Human Rights ( email )

Villa Moynier
Rue de Lausanne 120B-CP 67-1211
Geneva
Switzerland

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