Ad Hoc Consultation: Friday 9th February, Morning session

9 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

Delegates Debate Obligations and Inclusivity in Cybercrime Convention Drafting at Ad Hoc Committee Meeting

The Ad Hoc Committee meeting focused on the finalisation of a draft text for a cybercrime convention, examining Chapters 5 through 8 during its third and final reading. Delegates engaged in meticulous discussions over the language and implications of specific articles, particularly Articles 45 and 46, which sparked a debate on the level of obligation the convention should impose on state parties. Some nations advocated for the use of “may” to allow for broader support, while others argued for “shall” to enforce a more mandatory tone.

A contentious issue arose around the strategies for preventing gender-based violence, with some delegates, like those from Egypt, advocating for explicit mention of women and girls due to their particular vulnerability to such violence. Others, including Iceland and Canada, argued for the inclusion of all persons in vulnerable situations to ensure inclusivity. Cuba’s proposal to add “as well as” before “taking into consideration” emerged as a potential compromise, aiming to separate the issues of gender-based violence from the broader context of vulnerable persons.

The provision of technical assistance and the transfer of technology was another focal point, with countries like South Africa and Iran calling for the removal of the phrase “where possible” to ensure unconditional support, especially for developing countries. This was seen as essential for the effective implementation of the convention.

The role of stakeholders in the review mechanism was debated, with countries like the United States and Australia supporting their inclusion, while others, such as Egypt, argued that the review mechanism should be exclusive to state parties.

A significant debate emerged over the number of ratifications required for the convention to enter into force. Some countries, including Mexico and China, supported a higher threshold to ensure broader support and representativeness, while others were content with the chair’s proposal of 40 ratifications. Ultimately, the committee decided to suspend the session and resume it at a later date to finalise the text of the convention, with the chair expressing hope for increased flexibility and eventual consensus at the resumed session.

A draft decision was prepared for submission to the General Assembly, proposing to reconvene the concluding session with the same modalities as previous sessions. The chair acknowledged the complexity of international negotiations and the role of linguistic nuances and legal terminologies in impacting the interpretation and implementation of international agreements. The chair’s commitment to maintaining neutrality and fostering an inclusive environment was evident throughout the meeting.

In conclusion, while substantial progress was made, the need for further deliberation was recognised, leading to the decision to suspend and later resume the session. The delegates remained committed to achieving a consensus-driven and universally accepted convention on cybercrime.

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