로마규정에 따른 ‘사이버’ 침략범죄 -국제형사재판소의 역할과 도전-

The Rome Statute, adopted in 1998, codified genocide, crimes against humanity, war crimes, and the crime of aggression as core crimes under the jurisdiction of the International Criminal Court (ICC). The crime of aggression uniquely requires state action, and the ICC’s jurisdiction over it only came into effect in 2018 after significant controversy. As of 2024, the ICC has yet to adjudicate a case pertaining to the crime of aggression, despite the persistence of state aggressions, such as Russia’s 2022 invasion of Ukraine and the 2023 conflict between Israel-Hamas. These events highlight the need to address the evolving nature of warfare, particularly malicious cyber operations. The dual nature of the crime of aggression, encompassing both state responsibility and individual liability, carries significant implications for international law, particularly in the context of cyber operations, where state and non-state actions are often ambiguously intertwined. Although the Rome Statute does not explicitly reference ‘cyber,’ the ICC has recently demonstrated interest in prosecuting cyber-enabled crimes. This article examines how the crime of aggression, arising from activities originating in cyberspace, should be addressed within the existing international legal framework. It evaluates the ICC’s potential role in addressing serious jus ad bellum breaches by states. Furthermore, it analyzes the legal complexities involved in establishing individual criminal responsibility for cyber aggression, as well as foreseeable practical and evidentiary challenges. Finally, the article provides an overview of the prospects for criminalizing cyber aggression by the ICC and future directions for this emerging field.