Should We Celebrate the UN Convention against Cybercrime?
Lessons from the UN Convention against Transnational Crime
Dr Marika McAdam is an independent international law and policy advisor who works globally on human rights-based criminal justice responses to organized crime and related issues.
As the United Nations Convention against Cybercrime opened for signature last month, one might imagine cybercriminals anxiously disconnecting their computers, fearing raids once the treaty takes effect. However, previous international law experiences suggest they may have little cause for concern.
The Cybercrime Convention's signing coincides with the 25th anniversary of the United Nations Convention against Transnational Organized Crime (UNTOC). These two treaties are closely linked, as cybercrime represents a developing type of transnational crime, presenting challenges unforeseen by UNTOC's original drafters.
Opinions vary on whether UNTOC has successfully achieved its goals or fallen short. The debates and evaluations over the years offer valuable insights that the Cybercrime Convention can use as it begins its implementation phase.
Key Lesson
The foremost lesson is that without a clear, shared understanding among States of the problem at hand, effective international cooperation remains difficult to achieve.
"Firstly, without State consensus on what the problem is, it is difficult for States to cooperate to address it."
The evolving nature of cybercrime demands adaptive and cooperative responses, as seen in the experience with transnational organized crime.
Author’s Summary
The UN Cybercrime Convention faces the challenge of gaining consensus and effective cooperation, learning important lessons from 25 years of efforts to combat transnational organized crime.