Critical evaluation on the applicability of Territoriality Principle of International Criminal Jurisdiction on transnational cybercrime and its Challenges thereof.
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Date
2023-06
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AAU
Abstract
After the development of computer technology, human life has been positively and negatively affected. This
change in human history influences Criminal Justice System with the coming of Transnational Cybercrime
which uses a computer or other digital devices connected to the Internet as a tool for committing criminal
offenses. There are competing interests and ideas regarding Cyberspace and, Sovereignty of States between
the ones which consider Cyberspace as separate from any shadow of the State's Sovereignty and the others
who propose that the space is under the State's Sovereignty and regulation with attributing some elements
of the technology to a specific State's territory. The proposition for regulating Cyberspace developed as the
international norm by recognizing that the Criminal act costs significant damages to States and institutions.
Consequently, regulating Crime through international, regional, and domestic legislation comes to the
scene. However, regulation of the computer system was never easier because of the transnational nature of
the system and the criminal acts committed through it. In the way of regulating transnational Cybercrime,
Territoriality Principles of Criminal Jurisdiction could be used to prosecute the perpetrator of transnational
Cybercrime with both the subjective and objective aspects. However, due to the borderless nature of the
Crime, two or more states might be claiming Jurisdiction in one specific Crime, resulting in conflict, and
overlapping of Jurisdiction. Consequently, to avert these challenges, there are tests/theories developed to be
considered for successful and legitimate regulation of the conduct. Despite this, there are some challenges
faced while applying the territoriality principle of criminal Jurisdiction on Transnational Cybercrime which
emanates from the unique feature of the Crime being borderless and policy decisions by States