IGF 2025 Open Forum #35 Addressing International Crimes Enabled by Cyber Operations

    Theater
    Duration (minutes): 90
    Format description: While questions and contributions from the floor are warmly encouraged, we anticipate that theater style layout is likely to allow the greatest number of interested participants to attend. Similarly, in order to allow sufficient space for interventions from the floor, as well as appropriate introductory comments from the six nominated panellists (representing the ICC, academia, State prosecution services, civil society, and the private sector), we anticipate that 90 minutes will be more suitable than 60 minutes. We are, however, happy to engage with the organisers to adjust these specifications if necessary.
    Description
    The growing use of cyber operations as tools of conflict and coercion has created urgent challenges for global security, human rights, and international justice. As cyber-enabled crimes become more prevalent, international legal institutions must adapt to ensure accountability and strengthen global cybersecurity. Under the IGF 2025 subtheme of [Building] Digital Trust and Resilience, this session will explore how international criminal law – within both national and international judicial systems – can strengthen global cybersecurity by addressing core international crimes (genocide, crimes against humanity, war crimes, and aggression) enabled by conduct in cyberspace. It will spotlight the forthcoming policy on cyber-enabled crimes by the International Criminal Court’s (ICC) Office of the Prosecutor (OTP), which marks a significant milestone in investigating and prosecuting such crimes at the international level. This session will provide an opportunity for ICC OTP representatives, alongside experts from academia, civil society, the private sector, and government, to discuss the legal, technical, and operational challenges in holding perpetrators accountable. The session will also showcase key findings from Chatham House’s upcoming research paper on the prosecution of cyber-enabled international crimes before both international and national courts, complementing the ICC OTP’s work by examining broader legal and policy considerations. Panellists will explore the evolving threat landscape, challenges in evidence collection and attribution, and the need for stronger multistakeholder cooperation to uphold accountability in cyberspace. By fostering a multistakeholder dialogue on international criminal law, cybersecurity, and human rights, this session will provide IGF participants with unique and actionable insights on strengthening accountability for cyber-enabled crimes within global legal frameworks, and the additional measures needed to strengthen accountability for digital threats that undermine human security and stability.

    The session will ensure a fully hybrid experience with active engagement from both in-person and online participants: 1. Facilitating interaction between onsite and online speakers and attendees: The session will have a dedicated online moderator to ensure online participants can ask questions and engage in the discussion in real time. Online attendees will be able to submit questions via the IGF platform, with priority given to diverse voices across different regions. 2. Designing an inclusive hybrid session: The session will be structured as a moderated panel discussion, followed by an interactive Q&A. The panel will feature a mix of legal, policy, and technical experts representing the ICC OTP, academia, civil society, and the private sector, ensuring diverse perspectives. 3. Complementary online tools to increase participation: The session will leverage online polling tools to gauge audience perspectives on key questions related to cyber-enabled crimes and accountability. Social media engagement will be encouraged before and after the session to sustain the conversation and extend its reach.
    Organizers
    Office of the Prosecutor, International Criminal Court
    - Professor Marko Milanović, Special Adviser, Office of the Prosecutor, International Criminal Court, treaty-based international organization, Europe. - Matthew Cross, Office of the Prosecutor, International Criminal Court, treaty-based international organization, Europe. - Michael Karimian, Microsoft, private sector, Asia.
    Speakers
    - Professor Marko Milanović, Special Adviser, Office of the Prosecutor, International Criminal Court, treaty-based international organization, Europe. - Harriet Moynihan, Chatham House, academia, Europe. - Kati Reitsak, State Prosecutor, Estonia, government, Europe. - Chantal Joris, Article 19, civil society, Europe. - Katitza Rodriguez, Electronic Frontier Foundation, civil society, Americas. - Michael Karimian, Microsoft, private sector, Asia.
    Onsite Moderator
    Professor Marko Milanović, Special Adviser, Office of the Prosecutor, International Criminal Court, treaty-based international organization, Europe
    Online Moderator
    Staff member tbc, Microsoft, private sector
    Rapporteur
    Matthew Cross, Office of the Prosecutor, International Criminal Court, treaty-based international organization, Europe.
    SDGs
    9.1
    16.1
    16.10
    16.3
    16.4
    16.5
    16.6
    17.16
    17.6


    Targets: By means of effective investigations and prosecutions, and fostering international cooperation, international criminal law aims to significantly reduce all forms of violence and related deaths around the world (SDG 16.1), through the rule of law (SDG 16.3). International criminal law remedies for victims potentially include reparations for the harm done to them (SDG 16.4). This panel examines how organisations like the ICC, States, civil society and the private sector can work together to promote the fair and effective application of international criminal law to relevant conduct carried out in cyberspace, including in the context of a draft policy presently under consideration by the ICC Office of the Prosecutor as part of its preparation to meet these new challenges (SDG 16.6). It will also consider the significant role of States in exercising their own jurisdiction, and the vital contribution of civil society and the private sector in this space. Amongst other critical issues, the panel will emphasise the importance of effective cooperation between all relevant actors (SDG 17.6), including as necessary the pooling of knowledge, expertise, technology, and other resources (SDG 17.16). It will also consider the infrastructure and other mechanisms necessary to address the challenges which may arise (SDG 9.1). While institutions such as the ICC only have jurisdiction with respect to core international crimes (genocide, crimes against humanity, war crimes, and aggression), in practice such conduct often intersects with illicit financial and arms flows, organised crime, and corruption (SDG 16.4, 16.5), and this may equally be the case with regard to relevant cyber operations.