As of 30 September 2026. Information only, not legal advice – see the disclaimer.
| Full title | Rome Statute of the International Criminal Court – Article 8 bis (Crime of Aggression) |
|---|---|
| Type | Treaty (Art. 8 bis inserted by amendment) |
| Adopted by | UN Diplomatic Conference of Plenipotentiaries (Rome); Art. 8 bis adopted by the Review Conference of the Rome Statute (Kampala), resolution RC/Res.6 |
| Adopted | Statute: 17 July 1998; Art. 8 bis: 11 June 2010 |
| Legal status | Statute in force since 1 July 2002; 125 States parties (ICC, 1 June 2026). Court's jurisdiction over the crime of aggression activated with effect from 17 July 2018; aggression amendments ratified by 49 States (Global Campaign for the Prevention of Aggression, September 2025); binding on States parties |
| Official text | ICC – Rome Statute |
| Subject area | International criminal law; Use of force, intervention and cyber operations |
The Rome Statute establishes the International Criminal Court (ICC) with jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression. Art. 8 bis, adopted at the 2010 Kampala Review Conference, defines the crime of aggression as a leadership crime based on a State “act of aggression” that constitutes a manifest violation of the UN Charter. The Statute contains no provision specific to cyber operations. The ICC Office of the Prosecutor (OTP) has issued a policy stating that the Statute applies to conduct committed or facilitated through cyber means. Art. 8 bis is referred to in debates on whether and when cyber operations may amount to an act of aggression and on individual criminal responsibility for such conduct.
OTP policy. The OTP released a draft Policy on Cyber-enabled Crimes under the Rome Statute for public consultation on 6 March 2025 (consultation until 30 May 2025) and launched the final policy on 3 December 2025. The policy states that the Statute applies to conduct that takes place in cyberspace and addresses genocide, crimes against humanity, war crimes, the crime of aggression and Art. 70 offences committed or facilitated through cyber means, as well as questions of digital evidence. The OTP had earlier stated that, in appropriate circumstances, conduct in cyberspace may potentially amount to war crimes, crimes against humanity, genocide and/or the crime of aggression.
Views on cyber aggression. Whether a cyber operation can constitute “use of armed force” within Art. 8 bis(2) is discussed in State positions on the use of force in cyberspace (see charter) and in expert works such as the Tallinn Manual 2.0 (tallinn_manual). No case concerning the crime of aggression committed by cyber means has been brought before the ICC.
Jurisdictional regime. At a special session of the Assembly of States Parties (New York, 7–9 July 2025) reviewing the aggression amendments, States parties adopted a resolution by consensus committing to the aim of strengthening the Court's jurisdiction over the crime of aggression and agreed to reconvene in a further special session in 2029, with an intersessional meeting in 2027.