Draft Policy on Cyber-enabled Crimes under the Rome Statute

The Australian Human Rights Commission has made a submission to the Office of the Prosecutor of the International Criminal Court (ICC) in response to its Draft Policy on Cyber-enabled Crimes (Draft Policy). The submission supports the ICC's efforts to clarify how cyber-enabled conduct can fall within the scope of existing international crimes under the Rome Statute.

The Commission welcomes the Draft Policy as a timely and important step in addressing how new technologies (such as social media, artificial intelligence (AI), and autonomous weapons) can be used to commit or facilitate serious international crimes.

Technology-neutral language

The Commission supports the use of technology-neutral language in the Draft Policy. This ensures that perpetrators cannot evade accountability simply because the technology used is novel or rapidly evolving.

Need for upskilling

To effectively investigate and prosecute cyber-enabled crimes, the ICC must invest in upskilling its staff and engaging technical experts. While not necessary to include in the policy itself, this is critical for implementation.

Disinformation and freedom of expression

The Draft Policy rightly identifies disinformation campaigns targeting the ICC as a threat. However, the Commission cautions against overreach, noting the difficulty in distinguishing disinformation from legitimate criticism. Any action must respect freedom of expression and other human rights.

Lethal autonomous weapons (LAWS)

The Commission urges the ICC to proactively consider how crimes committed using AI-driven weapons systems can be addressed under the Rome Statute. It notes the challenges in attributing individual responsibility and recommends drawing on existing UN and civil society work in this area.

Why this matters

Cyber-enabled crimes are reshaping the landscape of international justice. From incitement to genocide via social media to the use of autonomous weapons in conflict zones, the ICC must be equipped to respond. The Commission's submission calls for a rights-respecting approach that:

• Keeps pace with technological change.

• Protects fundamental freedoms.

• Ensures accountability for serious international crimes.