INTERNATIONAL PROCEDURAL OBSTACLES IN COMBATING CYBERCRIME
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Abstract
Cybercrime is regarded as one of the most important crimes affecting the international community due to its cross-border nature, facilitated by technological advancements and the rapid, widespread use of the internet. As a result, individual states have become unable to fight it effectively on their own, even when possessing sufficient material and human resources. This has necessitated integration into an international framework, reflected in the adoption of several regional and international agreements. However, the effective implementation of these agreements faces several international procedural challenges, most notably jurisdictional conflicts and difficulties in executing letters rogatory, including judicial requests and extradition procedures.
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References
- legal texts:
A) International agreements:
The Arab Agreement on Combating Information Technology Crimes held at the headquarters of the General Secretariat of the League of Arab States in Cairo on 12/21/2010, ratified by Presidential Decree 14/252 dated 09/08/2014, Official Gazette, No. 57, of 2014
Report of the meeting of the Working Group on International Cooperation held in Vienna, Austria, on 27 and 28 October 2015.
The Budapest International Convention on Combating Cybercrime, drawn up on 11/08/2001 and ratified on 23/11/2004.
B) Legislative Texts:
Law 09/04 of 05/08/2009 containing special rules for preventing and combating crimes related to information and communication technologies, Official Gazette, No. 47, 2009.
- references:
A) Books:
Ahmed Khalifa Al-Malt, Cybercrimes, Dar Al-Fikr Al-Arabi, Egypt, 2005.
Titouche Radia, Territoriality of Criminal Law and Cybercrime, Revue Cahiers du Politique et de Droit, January 2019.
Adel Yahya, Criminal Policies in the Face of Cybercrime, Dar Al-Nahda Al-Arabia, Cairo, 1st edition, 2014.
Abdelhakim Rachid Touba, Information Technology Crimes, Dar Al-Mustaqbal for Publishing and Distribution, Amman, Jordan, 1st edition, 2008.
Jamil Abdel Baki, "Procedural Aspects of Internet-Related Crimes," Dar Al-Nahda Al-Arabiya, Cairo 2001.
B) journal scientific:
Farid Nachef, Mechanisms of International Cooperation in Combating Cybercrimes, Journal of Research in Law and Political Sciences, Ibn Khaldoun University of Tiaret, Vol. 08, No. 01, 2022.
Soraya Bourbaba, International Cooperation in Combating Cybercrime, Journal of International Law Studies, Faculty of Law and Political Science, Tahri Mohamed University, Bechar, Algeria, Issue 01, published on 20/07/2019.
Taher Yaker, "Combating Cybercrime between National Legislation and International Conventions," Al-Sada Journal for Legal and Political Studies, Djilali Bounaama University, Khemis Miliana, Algeria, Volume 04, Issue 04, issued on 30/12/2022.
C) Thesis doctorate:
Badri Faycel, Combating Information Crime in International and Domestic Law, PhD thesis in Public Law, Faculty of Law, Benyoucef-Benkhedda University, Algeria, 2017/2018.
Khadra Chenti, Legal Mechanisms for Combating Cybercrime: A Comparative Study, Doctoral Thesis for the Degree of Doctor of Law, Criminal Law, Ahmed Draia University, Faculty of Law and Political Science, Adrar, 2020/2021.