UNIVERSAL JURISDICTION FOR TRANSNATIONAL CYBERCRIMES?

Abstract

Transnational cybercrimes (TNCCs) are cybercrimes occurring across several jurisdictions. The advancement of technology has brought about an increase in the sophistication, severity and comprehensiveness of incidents of cybercrimes such that cybercrimes can now be effortlessly transnational. In the main, however, the various legal responses to TNCCs have shown States consistently applying traditional territorially based rules to online activities by enacting laws that do not adequately address the borderless nature of the Internet. This paper examines the jurisdictional challenges of transnational cybercrimes as well as the inadequacies of present legal responses to transnational cybercrime. With the aid of the doctrinal research methodology (legal analysis), it finds that purely domestic legal responses to cybercrimes, no matter how advanced, are inadequate as a fragmented approach cannot effectively eradicate the problem created by the presence of safe havens. It concludes that a holistic approach is needed and recommends the adoption of a global instrument with international recognition of universal jurisdiction for serious categories of TNCCs capable of compromising international Peace and security, such as cyber terrorism, hacking and the creation and dissemination of malicious codes targeting critical infrastructures or leading to the denial of essential services.