The UN Cybercrime Convention: Are States Ready to Tackle Implementation Challenges?

• In Event: Cyber resilience & Cyber legislation

Abstract

The United Nations Convention against Cybercrime is the first comprehensive international criminal justice treaty in the fight against Cybercrime as a serious and organized crime in cyberspace, which shall enter into force after being ratified by 40 states by 31 December 2026. Such a Convention lays the foundation for international cooperation in the battle against cybercrime, yet its implementation by states parties presents significant difficulties. The provisions of the Convention stipulate, inter alia, a wide range of measures which should be undertaken by States Parties to prevent and combat cybercrime on a global level more effectively. The strengthening of international cooperation in sharing electronic evidence for serious crimes by procedural law tools to make the investigation of cybercrime and the securing of electronic evidence in relation to any crime more efficient and subject to rule of law safeguards are also objectives pursued.
This presentation will examine the practical and legal challenges that arise as countries attempt to align their national frameworks with the Convention's provisions. Such challenges include discrepancies in national legislation, resource limitations and the rapidly evolving nature of cybercrime itself. Are human rights and fundamental individual freedoms at risk? What strategies can be employed to overcome the technological and capacity gaps between countries? Furthermore, how can states ensure that the Convention fosters substantial international collaboration, particularly in the face of conflicting national interests and legal frameworks? In this context, such questions will be explored, while providing a comprehensive analysis of the obstacles to successful state-level implementation and suggesting ways forward in the global fight against cybercrime.

Authors

• Fotios Spyropoulos, PHILIPS UNIVERSITY (Cy)

• Athanasia Triantou, Sociologist/Criminologist, PhD(c) in Criminology, Panteion University of Social and Political Sciences, Center for the Study of Crime (CESC)

• Asimina Niasoudi, Center for the Study of Crime (CESC)