International Criminal Responsibility of Individuals in Case of Cyberattacks

in International Criminal Law Review
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The use of cyberspace to commit crimes under international law requires that branch of law to renew itself and to rethink its categories because of a déterritorialisation of cyberspace and the subsequent anonymity it bestows. While déterritorialisation has consequences for the definition of the crimes and for the establishment of the jurisdiction of the icc, the anonymity raises concerns as to the identification of the person responsible for the crime and for the choice of the mode of liability.