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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Cybersecurity in International Courts and Tribunals

Claire Morel de Westgaver

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 September 2022

Subject(s):
Internet — Security assistance — Case management — International courts and tribunals, procedure

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 In 2017, State Parties to the 1998 Rome Statute of the International Criminal Court (‘Rome Statute’) agreed to activate the jurisdiction of the International Criminal Court (ICC) over the crime of aggression (Coalition for the International Criminal Court, 2021). Given that Article 8bis Rome Statute is broadly drafted, some have argued that it could conceivably encompass cyber-attacks that have taken place between nations (Scheffer, 2017, 84). As international courts and tribunals have engaged with claims relating to cyber aggression in all its forms, there has...
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