This submission provides targeted recommendations to strengthen the International Criminal Court’s (ICC) Draft Policy on Cyber-Enabled Crimes. The policy goal is to strengthen the ICC's internal
ability to detect corruption and prevent infiltration by organised crime, while enhancing digital
forensic capacity and sustaining the Court's global leadership in prosecuting cyber-enabled crimes.
This involves recognising the full range of ways in which crimes might be committed or facilitated
and addressing cyber operations that often transcend borders, jurisdictions, and specialisations. The
submission highlights the need to explicitly address the risk of cyber operations aimed at destroying
digital evidence. It also recommends recognition of private sector cybersecurity partners, and calls for
clarity around indirect cyber facilitation. The analysis touches upon the latest online threats, the
impact of cyber-enabled crimes on human rights, justice and accountability, the use of artificial
intelligence in disinformation, foreign influence operations, digital surveillance and destructive
cyberattacks. It proposes a fundamental shift that could make the ICC more responsive to modern
technological challenges. Criminal actors often capitalise on the least complex or least detectable
methods at their disposal, and seemingly benign tools could be used to facilitate much larger-scale or
more destructive operations.