Ad Hoc Consultation: Tuesday 30th January, Afternoon session

30 Jan 2024 21:00h - 23:59h

Table of contents

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Full session report

Delegates debate cybercrime convention draft, focus on procedural measures and victim protection

During the ad hoc committee meeting, delegates engaged in a detailed discussion on the revised draft text of the convention targeting cybercrime, focusing on procedural measures and the protection of victims. The chair opened the floor for debate on Article 23, which addresses the scope of procedural measures, urging delegates to propose amendments only if deemed absolutely necessary for improving the text.

Several delegations, including Singapore and the United States, expressed their views on Article 23. Singapore proposed limiting the scope of paragraph 2 to offenses established by the convention, suggesting the deletion of subsection B and amendment of subsection C. The United States agreed with the article’s general content but reserved comments on the scope until the convention’s scope was resolved.

Iran sought clarification on the term “specific” before “criminal investigations,” while Japan supported the chair’s proposal with an added reference to Articles 6 to 16 for clarity. New Zealand, Pakistan, Norway, Malaysia, Chile, Iceland, Mauritania, the Russian Federation, Jamaica, Georgia, Cape Verde, and other delegations also contributed their perspectives on Articles 23 and 25 to 30, with varying proposals for amendments and expressions of support or opposition.

The chair summarized the discussions, noting the broad support for including references to Articles 6 to 16, contingent on the outcome of Article 17’s fate. The chair also highlighted the need for further work on Article 23 due to divergent views and encouraged delegates to prioritize their proposals, considering the nearing end of allotted time.

Delegates discussed Articles 31 to 34, with Japan proposing language to limit offenses subject to confiscation to those of a certain degree of seriousness. Egypt called for the deletion of certain paragraphs in Article 34, while Argentina suggested adding “subject to its domestic law” in paragraph 2 for normative consistency.

The United States, Burkina Faso, the European Union, Singapore, New Zealand, Colombia, Georgia, the Russian Federation, Mauritania, Nigeria, Australia, Tanzania, Paraguay, Vanuatu, China, Iceland, Ecuador, Mexico, Costa Rica, Canada, Switzerland, Panama, Albania, Sweden, Norway, Eritrea, and Yemen all provided input on these articles, with some supporting the inclusion of gender considerations and others emphasizing the importance of aligning the convention with domestic legal systems.

The chair proposed moving forward by considering Articles 26 and 33 for adoption at referendum, given the lack of proposed amendments and the consensus on their content. The chair also suggested that delegates use the time before the next informal session to further discuss contentious issues and prioritize proposals for changes to the revised draft. The meeting concluded with the chair’s reminder of the upcoming informal session to continue discussions on the International Cooperation Chapter and other contentious chapters.

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Albania

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Algeria

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Australia

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Burkina Faso

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Canada

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Chair

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China

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Colombia

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Costa Rica

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Ecuador

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Egypt

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El Salvador

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Eritrea

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European Union

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Iran

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Japan

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Malaysia

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Mexico

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Nigeria

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Norway

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Panama

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Paraguay

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Singapore

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Sweden

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Tanzania

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