Opening of the session

29 Jan 2024 16:00h - 19:00h

Table of contents

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Full session report

Ad Hoc Committee nears completion of international cybercrime convention amid robust debate over human rights and cooperation safeguards

The Ad Hoc Committee’s concluding session was convened to finalise the comprehensive international convention aimed at countering the use of information and communications technologies (ICTs) for criminal purposes. The Chair underscored the importance of a collaborative and inclusive approach to ensure the final text of the convention reflects the collective views and positions of all member states.

The session focused on the revised draft text of the convention, particularly Articles 5 and 24. Article 5 pertains to the respect for human rights, while Article 24 addresses conditions and safeguards related to the implementation of the convention’s provisions. Delegates from various countries engaged in a robust debate over the language and implications of these articles.

Several delegations, including those from Jamaica (representing CARICOM), Nigeria, and Singapore, expressed support for Article 5 as drafted, highlighting its role as an overarching human rights provision that ensures the convention’s implementation is consistent with international human rights obligations. Conversely, other delegations, such as Iran and Egypt, raised concerns about the redundancy of human rights references in the text and the potential for these references to distract from the convention’s primary focus on criminalisation and law enforcement.

Article 24 sparked a more contentious debate, with the United Kingdom proposing specific amendments to clarify that the safeguards in Chapter 4 should apply when domestic powers are used for international cooperation purposes outlined in Chapter 5. This proposal aimed to build trust between states parties and enable greater cooperation. The United States supported the inclusion of Articles 5 and 24, affirming their commitment to fighting cybercrime while upholding legal procedures, safeguards, and human rights.

The Russian Federation voiced strong criticism, citing visa issues that hindered the participation of their delegates and accusing the Secretariat of failing to provide a hybrid negotiation format. They also expressed dissatisfaction with the draft, arguing that it did not adequately address the prevention and suppression of ICT crimes, particularly those involving children and extremist content.

Throughout the session, the Chair encouraged delegations to submit their proposals and amendments via email to ensure an organised and efficient negotiation process. The Secretariat announced an open-ended informal meeting on the use of terms, highlighting the logistical arrangements for member states’ participation.

In conclusion, the session underscored the complexity of negotiating an international convention that balances effective law enforcement against cybercrime with the protection of human rights. The Chair’s leadership was commended, and there was a collective commitment to continue working towards a consensus on the final text. The need for further discussions and informal negotiations was acknowledged, indicating that the convention’s finalisation would require additional effort and collaboration from all parties involved.

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