United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed utilizing Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes in outline

Justyna Sarkowicz[1]

CyJurII Theorist

8 August 2025

PDF available

Abstract:

The purpose of this article is to provide an overview of the United Nations Convention against Cybercrime concerning strengthening international cooperation for combating crimes committed by means of information and communications technology systems. Also, it reviews the governing framework of sharing of e-evidence in electronic forms of serious crimes. The Convention's origins will be briefly discussed, followed by its structure and forms of international cooperation. Finally, human rights issues will be addressed, with de lege ferenda postulates.

Keywords: International Criminal Law, Cybercrime, United Nations, Convention against Cybercrime

1. Introduction

The UN cybercrime convention was first proposed by Russia in 2017[1]. In 2019, the General Assembly resolved to create what became the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes. The committee met several times between 2021 and 2024, with support from the United Nations Office on Drugs and Crime, producing and approving a draft General Assembly resolution in August 2024[2].

The resolution was adopted by the General Assembly in December 2024. The full title is United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed employing Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes[3].

The Convention will open for signature on 25 October 2025 at a signing ceremony to be held in Hanoi, Viet Nam, and thereafter at United Nations Headquarters in New York until 31 December 2026. The Convention will enter into force ninety days after the deposit of the fortieth instrument of ratification, acceptance, approval, or accession[4].

Due to the fact that this is a very important legal act in the area of the international fight against cybercrime, and will soon be opened for signature on October 25, 2025, the legal framework of the document will be presented in the following part.

2. The United Nations Convention against Cybercrime in outline

The Convention is the first comprehensive global treaty on this matter, which provides States with a range of measures to be undertaken to prevent and combat cybercrime. It also aims to strengthen international cooperation in sharing electronic evidence for serious crimes.[5].

In terms of structure, the Convention consists of 68 articles, grouped into the following parts:

1. General provisions

2. Criminalization

3. Jurisdiction

4. Procedural measures and law enforcement

5. International cooperation

6. Preventive measures

7. Technical assistance and information exchange

8. Mechanism of implementation

9. Final provision[6].

Examples of offences

1. Systems and data:

• Illegal access and interception

• Interference

• Misuse of devices

• Theft and fraud

• Fraud[7]

2. Content:

• Child sexual abuse and/or exploitation

• Grooming

• Non-consensual dissemination of intimate images Ancillary

• Money laundering

• Liability of legal persons

• Participation and attempt[8]

Forms of international cooperation

1. Procedural measures:

▪ Preservation

▪ Disclosure and production

▪ Search and seizure

▪ Real-time collection

▪ Freezing, seizure, and confiscation (of assets)

▪ Protection + assistance to victims, witnesses[9]

2. International cooperation:

▪ Extradition

▪ Mutual legal assistance

▪ Transfer of proceedings

▪ Joint investigations

▪ Confiscation and return of assets

▪ MLA for procedural measures[10]

The Convention's goals are to rapidly exchange information and simplify procedures for securing and transmitting electronic evidence.

Finally, it is worth quoting very important fragments of the preamble: “mindful of the need to achieve law enforcement objectives and to ensure respect for human rights and fundamental freedoms as enshrined in applicable international and regional instruments”[11] and “acknowledging the right to protection against arbitrary or unlawful interference with one’s privacy, and the importance of protecting personal data”[12].

It is worth recalling here that the preamble is a solemn introduction to an important legal act. The analyzed entry to the Convention explains the circumstances of the creation of this Convention, the objectives it is intended to serve, and also refers to the values and principles that are to be implemented in it.[13]. Therefore, all provisions of the Convention should be interpreted with respect for human rights, which are a priority.

2. Conclusion

The establishment of the United Nations Convention against Cybercrime, Strengthening International Cooperation for Combating Certain Crimes Committed utilizing Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Forms of Serious Crimes should be assessed positively. In an era of technological development and, consequently, global digitalization, there is a significant need for regulations that as many countries as possible will adhere to. However, the aforementioned Convention should be analyzed with the utmost care in the context of respect for human rights.

There are many voices in the doctrine signaling potential threats to human rights, for example throughout the drafting process, several NGOs, cybersecurity companies, journalists, the International Chamber of Congress, academics, and the UN High Commissioner for Human Rights raised objections about two central aspects of the convention: the vagueness and flexibility of the crimes it aimed to address, and the way it leaves human rights protections up to the individual member states[14]. It is indicated that the convention names four types of crimes in particular, which human rights advocates argue are framed too broadly, applicable to any crime committed using an information or communications technology, including many with only a thin connection to the serious cybercrime that motivated the convention[15].

Moreover, several organizations highlight how the convention's language about human rights protections is largely suggestions left to the discretion of member states, including those with a record of human rights abuses.[16].

It must be acknowledged that the Convention contains broad definitions of crimes, which may lead to a certain degree of latitude in interpretation. This should not occur, especially in the context of criminal law. The Convention should also include robust mechanisms against human rights violations.

[1] Barata, Joan (4 September 2024). "New United Nations Cybercrime Convention Sets Unprecedented International Anti-Human Rights Standard | TechPolicy.Press". Tech Policy Press. Retrieved 25 May 2025.

[2] "Ad Hoc Committee - Home". United Nation: Office on Drugs and Crime. Archived from the original on 30 May 2025. Retrieved 25 May 2025.

[3] "UN Cybercrime Convention - Full Text". United Nations: Office on Drugs and Crime. Retrieved 25 May 2025.; Hereinafter referred to as the United Nations Convention against Cybercrime.

[4] https://www.unodc.org/unodc/cybercrime/convention/home.html

[5] https://www.unodc.org/unodc/cybercrime/convention/home.html

[6] https://www.unodc.org/unodc/en/cybercrime/convention/text/convention-full-text.html

[7] UN Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, NEW YORK LIAISON OFFICE, UNODC, pp.4.

[8] UN Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, NEW YORK LIAISON OFFICE, UNODC, pp.4.

[9] UN Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, NEW YORK LIAISON OFFICE, UNODC, pp.5.

[10] UN Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, NEW YORK LIAISON OFFICE, UNODC, pp.5.

[11] https://www.unodc.org/unodc/en/cybercrime/convention/text/convention-full-text.html

[12] https://www.unodc.org/unodc/en/cybercrime/convention/text/convention-full-text.html

[13]https://pl.wikipedia.org/wiki/Preambu%C5%82a#:~:text=Preambu%C5%82a%20(%C5%82ac.,cele%2C%20jakim%20powinien%20on%20s%C5%82u%C5%BCy%C4%87.

[14] https://en.wikipedia.org/wiki/United_Nations_Convention_against_Cybercrime

[15] Gullo, Karen (16 December 2024). "Still Flawed and Lacking Safeguards, UN Cybercrime Treaty Goes Before the UN General Assembly, then States for Adoption". Electronic Frontier Foundation. Archived from the original on 19 May 2025. Retrieved 25 May 2025;

Poireault, Kevin (12 August 2024). "UN Adopts Controversial Cybercrime Treaty". Infosecurity Magazine. Archived from the original on 21 May 2025. Retrieved 25 May 2025; Graham-Shaw, Kate. "New U.N. Cybercrime Treaty Could Threaten Human Rights". Scientific American. Retrieved 27 May 2025.

[16] Gullo, Karen (16 December 2024). "Still Flawed and Lacking Safeguards, UN Cybercrime Treaty Goes Before the UN General Assembly, then States for Adoption". Electronic Frontier Foundation. Archived from the original on 19 May 2025. Retrieved 25 May 2025; Zaghdoudi, Aymen (27 November 2024). "Lessons from the Arab region for UN cybercrime convention". Access Now. Retrieved 25 May 2025.

[1] sarkowicz.justyna@gmail.com

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