International Criminal Jurisdiction over Crimes Committed in Cyberspace and the Conflict of Jurisdiction

Abstract

This study discusses the complex legal issues that cyberspace poses to the traditional rules of international criminal jurisdiction, as cybercrime is characterized by its transnational nature, which transcends the concept of physical territorial sovereignty The research aims to analyze the adequacy of the traditional principles of jurisdiction (territorial, personal, protective, and universal) in addressing digital crimes, with a focus on studying the conflict of jurisdiction in its positive and negative forms The study also highlights newly developed international instruments, most notably the United Nations Comprehensive Convention on Cybercrime adopted in December 2024, and the International Criminal Court Prosecutor's new policy for 2024 on the prosecution of international crimes committed through cyber means The study concludes that it is necessary to move from the concept of physical sovereignty to flexible digital sovereignty to ensure that perpetrators do not escape punishment

This research aims to analyze the principles of jurisdiction regarding cybercrimes, evaluate the effectiveness of the principle of universality as a last resort for justice, assess the emerging role of the International Criminal Court in prosecuting cyberattacks that rise to the level of international crimes, and explore the future of international cooperation under the 2024 UN Convention, while identifying the challenges developing nations face in its implementation.

The research problem is addressed through the following central question: To what extent have international law and recent international agreements succeeded in formulating a unified legal framework for criminal jurisdiction?