Ad Hoc Consultation: Thursday 1st February, Morning session

1 Feb 2024 16:00h - 19:00h

Table of contents

Disclaimer: This is not an official record of the WEF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the WEF YouTube channel.

Full session report

International delegates tackle extradition and cybercrime cooperation in convention talks

During a session of an international committee, delegates engaged in an in-depth examination of the Revised Draft Text of the Convention, with a particular focus on procedural measures, law enforcement, and international cooperation. The Chair initiated the session by calling for flexibility and consensus-building among delegations, emphasizing the importance of collaborative efforts to resolve outstanding issues, especially within the contentious chapters concerning procedural measures and international cooperation.

A significant portion of the discussion was dedicated to Article 37, which addresses extradition. Delegates debated the removal of language specifying a "maximum deprivation of liberty of at least one year," with some advocating for its deletion to allow discretion in accordance with domestic law. This amendment was proposed to resolve conflicts with other paragraphs in the article that permit extradition based on domestic legal frameworks.

The scope of the 24-7 network, an essential element of the convention for international cooperation against cybercrime, was another major point of contention. Several countries, including the United States and Iceland, expressed concerns about potentially overburdening the network. They argued for limiting the network's scope to the preservation of electronic evidence rather than expanding it to include preventative measures. Conversely, India proposed adding a new sub-paragraph to address the swift handling of phishing crimes, underscoring the significance of prevention in the fight against cybercrime.

Throughout the session, the Chair sought to facilitate consensus on various paragraphs and articles, with some countries proposing amendments and others advocating for the deletion of specific phrases. For example, there were suggestions to revise Article 40, related to mutual legal assistance, to ensure it is not misinterpreted as applying solely to legal persons.

The delegates also discussed the need for clarity and legal interpretation of certain paragraphs, with some representatives raising concerns about the coherence and legal interpretation of specific paragraphs, suggesting linguistic rather than substantive issues. The Chair referred to UNTOC (United Nations Convention against Transnational Organized Crime) as the source of the contested legal text and showed a willingness to adhere to precedent set by international agreements.

In the closing remarks, the Chair acknowledged the progress made and the need for further discussion in informal sessions to resolve outstanding issues. The Chair planned to move discussions to informal or informal informals due to time constraints, with a focus on resolving outstanding issues. The session concluded with the Chair expressing gratitude to all delegates for their constructive engagement and indicating that the Secretariat would look into times to continue the discussion informally.

The session highlighted the challenges of aligning international legal frameworks with domestic laws and the complexities of international lawmaking, where linguistic precision, legal interpretation, and the need for flexibility in the face of emerging cyber threats are all critical factors in the negotiation process. The emphasis on consensus-building and the practical concerns of member states, such as capacity and resource constraints, were evident throughout the discussions.

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Albania

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Argentina

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Australia

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Brazil

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Cabo Verde

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Colombia

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Costa Rica

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El Salvador

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European Union

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Georgia

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India

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Islamic Republic of Iran

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Israel

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Jamaica

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Japan

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Kazakhstan

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Kenya

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Malaysia

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Mali

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Mauritania

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Namibia

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New Zealand

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Nigeria

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Norway

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Panama

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Papua New Guinea

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Paraguay

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Peru

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Philippines

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Qatar

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Republic of Moldova

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Russian Federation

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Rwanda

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Senegal

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Sierra Leone

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Singapore

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Switzerland

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Thailand

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United Republic of Tanzania

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Vietnam

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