Cyber Operations

In this post, I want to provide a couple of thoughts on some aspects of the unlawful US attack on Venezuela on 3 January. Before doing so, however, I should simply say that I completely endorse the analyses of colleagues here on EJIL: Talk! and on Just Security. The illegality of the US…

This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. This…

Introduction  In the last few years, the term ‘collective countermeasures’ has at times been used to refer to two conceptually distinct claims. It has continued to be used to refer to the idea that a State other than an injured State, in the sense of Article 48 of the ILC Articles on State Responsibility, may take…

In late August, the International Criminal Court’s (ICC) chief prosecutor, Karim A. A. Khan, published a little-noticed op-ed with Foreign Policy Analytics discussing the potential for the ICC to prosecute ‘cyberattacks’ as international crimes pursuant to the Rome Statute (RS). A cyberattack, according to the Tallinn Manual 2.0, is a ‘cyber operation,…