Expanding the jurisdiction of the International Criminal Court and creating a cyberspace branch
First, the jurisdiction of the International Criminal Court (ICC) could be expanded. For example, the idea of delegating cases related to cyberspace to the ICC was raised at the United Nations Congress on Crime Prevention and Criminal Justice, organized by the UN Office on Drugs and Crime in Bangkok in 2005: “…it is recommended that the crimes of cyberspace, terrorism and cybercrime should be considered with a view to developing an acceptable definition and including them in the list of crimes under the jurisdiction of the International Criminal Court.”
Creation of special courts or tribunals
Another option under discussion is the creation of special courts or tribunals as special temporary judicial mechanisms created in accordance with the decision of the UN Security Council, adopted in accordance with Chapter VII of the UN Charter, which regulates actions against threats to the peace, violations of the peace. and acts of aggression. The jurisdiction of these tribunals is proposed to extend to “the prosecution and punishment of cybercrime and should cover violations of the global treaty or package of treaties on cybercrime, as well as massive and coordinated global cyberattacks on critical information infrastructure.” With regard to the correlation of the jurisdiction of such special courts or tribunals with national courts, concurrent jurisdiction would be exercised, while priority would be given to the special court or tribunal.
International Court of Cyberspace
Finally, there are ideas of creating an independent International Court for Cyberspace, which would deal with the most serious cybercrimes that pose a threat to the international community in general, as well as international information security in particular…
