The threat caused by the ever-increasing growth of international cyber wars for international peace and security has made it inevitable to impose criminal restrictions related to the law of war on them. One of the guarantees of violating the laws of war is their international criminalization under the title of war crime. This is while the determination of the elements of war crimes in modern cyber wars is faced with some ambiguities. For this purpose, it is necessary to determine the necessary background element for the commission of a war crime, namely the occurrence of the use of force that creates a state of conflict in cyber wars. Accordingly, the main question of this research is what is the threshold for the realization of the use of cyber force? To answer this question, this article uses a descriptive-analytical method and collects data through library resources. First, two types of destructive and disruptive cyberattacks are identified. Second, the dominant approach to emphasizing the necessity of creating physical effects to realize the use of cyber force is critically analyzed. Finally, while proposing a specific severity threshold for the occurrence of the use of cyber force in each of its types, citing the articles of the Rome Statute, the necessity of adopting a dynamic interpretation by the International Criminal Court to include all types of cyber warfare is explained.