The limits of subjective territorial jurisdiction in the context of cybercrime

Maillart, Jean-Baptiste

doi:10.1007/s12027-018-0527-2

Cited by 20 publications

(12 citation statements)

References 17 publications

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“…The prevailing international framework for establishing cyber-jurisdiction is Article 22 of the Convention on Cybercrime (Council of Europe, 2004). This suggests standard geographical jurisdiction as the basis for establishing jurisdiction, where the physical location of the offender takes priority (Maillart, 2019). Australia's domestic legal framework also reaffirms the application of standard geographical jurisdiction in cybercrime cases (Criminal Code Act, 1995, s14.1).…”

Section: The Complexity Of Cybercrime Investigationsmentioning

confidence: 99%

Police preparedness to respond to cybercrime in Australia: An analysis of individual and organizational capabilities

Wilson

Cross

Holt

et al. 2022

Journal of Criminology

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The rapid growth in the availability of information and communications technologies has also expanded opportunities to commit cybercrime. Law enforcement officers are often the first responders to such incidents. Internationally, research has revealed how police preparedness to respond to cybercrime is mediated by organizational policies and procedures, as well as characteristics such as education, gender, and previous training for cybercrime investigations. However, there has been limited research in an Australian context examining police preparedness to respond to cybercrime. As such, this article examines the preparedness of Australian police personnel to respond to cybercrime incidents drawing on surveys with two state-wide police agencies ( n = 422). Here, we examine the prevalence of cybercrime training across both agencies, levels of individual and organizational confidence about responding to cybercrime incidents, and their views about enhancing responses to cybercrime. The results suggest only half of the surveyed personnel have received some cybercrime-related training, with significantly less reporting specific instruction about how to receive and direct incident reports and manage digital crime scenes. Further, while personnel are modestly confident in their individual capabilities to respond to cybercrime incidents, they lack comparative confidence in their organizations and yearn for more resourcing and professional development. Implications for police resourcing, training, and practices are discussed.

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Section: The Complexity Of Cybercrime Investigationsmentioning

confidence: 99%

Police preparedness to respond to cybercrime in Australia: An analysis of individual and organizational capabilities

Wilson

Cross

Holt

et al. 2022

Journal of Criminology

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“…Formal processes in particular in the area of mla take long and are cumbersome. It can take months and years to finally obtain crucial evidence needed for an ongoing investigation (Maillart, 2019;Osula (a), 2015;Pullen, 2018). Given that in online child sexual abuse cases the depicted child might be under continuous threat of further abuse and exploitation, this situation puts immense pressure on law enforcement.…”

Section: 1mentioning

confidence: 99%

Transnational by Default: Online Child Sexual Abuse Respects No Borders

Witting¹

2021

Int. J. Child. Rights

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Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.

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“…Although this is based on Article 12 paragraph (2) (a) that the ICC's jurisdiction is limited to crimes committed in the territorial area of a party state, the Statute article does not explain the scope of the actions further. Meanwhile, based on the theory of ubiquity, which is the development of the territorial jurisdiction principle, a country can exercise its authority over crimes where at least one of the elements, either the crime (subjective territorial jurisdiction) or the result (objective jurisdiction) occurs in its territory (Maillart, 2018). The subjective territorial jurisdiction permits a state to prosecute crimes that begin in their territory but are completed in another country (Vagias, 2011).…”

Section: Analysis Of the Situation In Myanmarmentioning

confidence: 99%

The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar

Putri

Sefriani

2021

yst

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<p><em>This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute</em></p>

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The limits of subjective territorial jurisdiction in the context of cybercrime

Cited by 20 publications

References 17 publications

Police preparedness to respond to cybercrime in Australia: An analysis of individual and organizational capabilities

Police preparedness to respond to cybercrime in Australia: An analysis of individual and organizational capabilities

Transnational by Default: Online Child Sexual Abuse Respects No Borders

The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar

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