Alleged Russian cyberattacks against Ukrainian civilian infrastructure are being looked into by the International Criminal Court (ICC) as potential war crimes.
According to four people familiar with the matter, prosecutors at the International Criminal Court (ICC) are looking into claims that Russia conducted cyberattacks on civilian infrastructure in Ukraine as potential war crimes. It is the first indication that cyberattacks are being looked into by international prosecutors; if sufficient proof is gathered, this could result in arrest warrants. According to one official, the investigation is looking into attacks on infrastructure that put lives in jeopardy by cutting off water and power supplies, disconnecting emergency responders, or taking down mobile data networks that broadcast warnings of impending air raids.
The official, who wished to remain anonymous due to the ongoing nature of the investigation, stated that ICC prosecutors are collaborating with Ukrainian teams to look into “cyberattacks committed from the beginning of the full-scale invasion” in February 2022. The year following Russia’s capture and unilateral annexation of the Crimean Peninsula from Ukraine in 2015, two further sources close to the ICC prosecutor’s office stated they were investigating cyberattacks in Ukraine.
Moscow has frequently refuted claims that it conducts cyberattacks, characterizing the charges as an attempt to stir up anti-Russian sentiment. In order to bolster the ICC prosecutor’s inquiry, Ukraine is gathering evidence. The ICC prosecutor’s office has stated that it has the authority to look into cybercrimes, but it did not respond to requests for comment on Friday. Also, it has stated that it is unable to comment on issues pertaining to ongoing investigations. Since the start of the invasion, the court has issued four arrest orders for prominent Russian suspects. Among them is President Vladimir Putin, who is allegedly guilty of a war crime for sending children from Ukraine to Russia.
That ruling was seen by Russia, which is not an ICC member, as “null and void.” Despite not being a member, Ukraine has given the ICC jurisdiction over crimes committed there. Arrest warrants were issued in April by a pre-trial chamber on the grounds that two Russian commanders had struck civilian infrastructure as part of crimes against humanity. At the time, the Russian Ministry of Defense did not reply to a request for comment. According to two sources with knowledge of the probe, at least four significant attacks on energy infrastructure are under examination. According to a senior source, one gang of Russian hackers under investigation by the ICC is referred to as “Sandworm” in cybersecurity research circles, and cyber experts and Ukrainian officials think they are linked to Russian military intelligence.
A group from the University of California, Berkeley School of Law’s Human Rights Center, has been looking into Sandworm’s cyberattacks on civilian infrastructure in Ukraine since 2021. In 2022 and 2023, the group submitted confidential reports to the International Criminal Court (ICC) that named five cyberattacks that they believed may be prosecuted as war crimes. Cybersecurity experts believe that sandworms are responsible for a number of well-publicized attacks, such as the successful attack on a power infrastructure in western Ukraine in 2015, which was one of the first of its kind. An activist hacker collective known as “Solntsepyok” (literally, “hot spot”) claimed responsibility for a significant assault on Kyivstar, a mobile telecom company in Ukraine, on December 12. That group was exposed by Ukrainian security agencies as being a front for Sandworm.
Additionally, Kyiv believes that Sandworm represented Russia’s intelligence services in conducting massive cyberespionage against Western nations. Although there aren’t many cyberattacks that target industrial control systems—the technology that powers most of the world’s industrial infrastructure—Russia is one of the few countries with the capability to launch one, according to cybersecurity researchers. We are keeping a careful eye on the ICC case, which has the potential to establish precedent for international law. The Geneva Conventions, which contain a corpus of international law governing armed conflict, forbid attacks on civilian targets; nonetheless, the term “cyber war crime” is not generally understood to mean anything. In 2017, legal experts created the Tallinn Manual, a guidebook on applying international law to cyberwarfare.
However, experts contacted expressed uncertainty over whether data itself can be regarded as the “object” of an attack that is prohibited by international humanitarian law and if destroying it, which could have catastrophic effects on civilians, can be considered a war crime. Leading the Tallinn Manual process is Professor Michael Schmitt of the University of Reading. “If the court takes on this issue, that would create great clarity for us,” Schmitt said. Schmitt thinks the hack of the Dutch corporation Veon’s Kyivstar fits the requirements to be classified as a war crime. “You consider the operation’s predictable outcomes at all times. You know, that was a predictable outcome that put people in danger.” The spy agency in Ukraine reported that it had given specifics of the incident to ICC investigators.
Do Follow: CIO News LinkedIn Account | CIO News Facebook | CIO News Youtube | CIO News Twitter
About us:
CIO News is the premier platform dedicated to delivering the latest news, updates, and insights from the CIO industry. As a trusted source in the technology and IT sector, we provide a comprehensive resource for executives and professionals seeking to stay informed and ahead of the curve. With a focus on cutting-edge developments and trends, CIO News serves as your go-to destination for staying abreast of the rapidly evolving landscape of technology and IT. Founded in June 2020, CIO News has rapidly evolved with ambitious growth plans to expand globally, targeting markets in the Middle East & Africa, ASEAN, USA, and the UK.
CIO News is a proprietary of Mercadeo Multiventures Pvt Ltd.
