Report

Securing justice for cyber-related international crimes

Think tank: Chatham House

Author(s): Dr Tsvetelina van Benthem; Elizabeth Wilmshurst; Harriet Moynihan

January 26, 2026

This report from UK think tank Chatham House examines the legal foundations and practical routes to prosecution.

Many states now have laws that criminalize cyber activity such as online fraud and hacking. But cyber means can also be used to facilitate or commit the international crimes of genocide, crimes against humanity, war crimes and aggression. There is an urgent need to improve the prospects for prosecution of such crimes when committed or facilitated by cyber means, as harmful cyber operations such as the targeting of critical infrastructure are on the increase, while generative AI threatens to expand the opportunities and means for criminals to carry out such acts.

Guidance is lacking for actors of all kinds – including states, technology companies, hacker groups and individuals – regarding the constraints imposed on their cyber activities by international criminal law and the possibilities of prosecution.

This Chatham House paper follows the 2025 publication by the International Criminal Court’s Office of the Prosecutor (OTP) of a policy paper on the subject. Our paper takes the discussion forward by examining the challenges and opportunities of investigating and prosecuting cyber-enabled international crimes in practice, and by proposing ways for states, the OTP, private companies and civil society to improve the prospects for successful future prosecutions.