The International Criminal Court Confronting Automated Cybercrime: Examining the Accountability of Algorithms before the ICC

Abstract

The study aimed to analyze the possibility of holding algorithms responsible for committing automated cybercrimes accountable before the International Criminal Court (ICC), with a focus on the legal dimensions of these crimes, their material and mental elements, and their classification within the four international crimes stipulated in the Rome Statute. It also examined the challenges related to proving the crime and determining liability in the absence of legal personality for automated systems. The study relied on a legal analytical approach to examine the texts of the Rome Statute and relevant international agreements, a comparative method to contrast current legal frameworks with emerging technical challenges, an inductive approach to identify legislative gaps, and a descriptive method to define the nature and technical-legal dimensions of automated cybercrimes. The findings revealed that the complexity of the elements of automated cybercrime and the difficulty of classifying them within traditional crimes places responsibility on individuals or entities that develop or employ these technologies, and that the current provisions of the Rome Statute are insufficient to prosecute such crimes, necessitating urgent legislative development and the establishment of advanced technical capabilities within the Court. The recommendations included amending the Rome Statute to include clear provisions criminalizing automated cybercrimes, creating specialized technical units within the Court to analyze cyber evidence, enhancing international cooperation among states and judicial bodies, and developing training programs for judges and prosecutors to ensure the effective and reliable handling of digital crimes. The scientific contribution of the study lies in proposing a legal framework for holding algorithms accountable, bridging the gap between traditional international law and emerging technical challenges, and enhancing the ICC’s effectiveness in addressing automated cybercrimes.