Dilemmas and Dispute Resolution of Human Rights Guarantees in the United Nations Convention Against Cybercrime: From the Perspective of the Scope of Criminalisation

Siyuan Qu

2025

Abstract

The development of cybertechnology and the increasing frequency of cross-border interactions have made cybercrime a major challenge in both public and private law. The United Nations Convention against Cybercrime, which was concluded after many rounds of negotiations to fully coordinate different concerns of countries, is not only a great achievement in the global governance of cybercrime, but also a brilliant breakthrough in the difficult period of multilateralism. The human rights controversy over the convention has long existed but has been less studied, and the failure to clarify the ambiguity will most likely affect the subsequent entry into force and implementation. Through comparative and interpretative research methods, comparing the claims of both broad and narrow criminalisation patterns, and focusing on the existing provisions of the convention to analyse the reality of its criminalisation scope, the study finds that the convention is not in fact a product dominated by a broad criminalisation pattern. In adher-ing to the stance of combating cybercrime while taking into account human rights safeguards to the greatest extent possible, a good job in coordinating with domestic laws for the convergence and harmoni-sation of the convention and setting up a bona fide research exception term can provide reference for the subsequent improvement of it and the formulation of its draft supplementary protocol, contributing to the better coordination of the interests of parties and responding to the purpose of combating cybercrime eventually.

Paper Citation

in Harvard Style

Qu S. (2025). Dilemmas and Dispute Resolution of Human Rights Guarantees in the United Nations Convention Against Cybercrime: From the Perspective of the Scope of Criminalisation. In Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS; ISBN 978-989-758-785-6, SciTePress, pages 13-19. DOI: 10.5220/0014293100004859

in Bibtex Style

@conference{icplss25,
author={Siyuan Qu},
title={Dilemmas and Dispute Resolution of Human Rights Guarantees in the United Nations Convention Against Cybercrime: From the Perspective of the Scope of Criminalisation},
booktitle={Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS},
year={2025},
pages={13-19},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0014293100004859},
isbn={978-989-758-785-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS
TI - Dilemmas and Dispute Resolution of Human Rights Guarantees in the United Nations Convention Against Cybercrime: From the Perspective of the Scope of Criminalisation
SN - 978-989-758-785-6
AU - Qu S.
PY - 2025
SP - 13
EP - 19
DO - 10.5220/0014293100004859
PB - SciTePress