Trend AnalysisLaw & Policy

International Cybercrime Cooperation and Jurisdiction: Policing a Borderless Domain

Cybercrime is inherently transnationalโ€”an attacker in one country targets victims in another through infrastructure in a third. The Budapest Convention and the new 2024 UN Convention on Cybercrime attempt to create cooperative frameworks, but jurisdictional conflicts, evidentiary challenges, and geopolitical tensions persist.

By Sean K.S. Shin
This blog summarizes research trends based on published paper abstracts. Specific numbers or findings may contain inaccuracies. For scholarly rigor, always consult the original papers cited in each post.

A ransomware group operating from one country encrypts the hospital systems of another country, using command-and-control servers located in a third country, with cryptocurrency payments laundered through exchanges incorporated in a fourth. The victims, the perpetrators, the infrastructure, and the proceeds of the crime are all in different jurisdictions. Which country investigates? Which country prosecutes? Under which law? With what evidence, obtained how?

These questions define the central challenge of international cybercrime cooperation. The internet's borderless architecture means that virtually every significant cybercrime has a transnational dimension, yet the legal frameworks for investigation and prosecution remain fundamentally territorial. Two international instruments attempt to bridge this gap: the Council of Europe's Budapest Convention on Cybercrime (2001, with the Second Additional Protocol adopted in 2022) and the United Nations Convention against Cybercrime, adopted by the General Assembly in December 2024.

Three recent papers examine the state of international cybercrime cooperation after the UN Convention's adoption.

Why It Matters

Cybercrime costs the global economy an estimated $8-10 trillion annually by 2025. Beyond financial losses, cyberattacks on critical infrastructure (hospitals, power grids, water systems), ransomware attacks on government services, and state-sponsored cyber operations threaten public safety and national security. The impunity gapโ€”where sophisticated cybercriminals operate from jurisdictions unwilling or unable to cooperate with investigationsโ€”undermines deterrence and enables escalation.

The adoption of the UN Convention on Cybercrime represents the most significant development in international cybercrime law in two decades. But the Convention's effectiveness will depend entirely on implementation, and the geopolitical tensions that delayed its negotiation for years have not disappeared.

Jurisdiction and Due Process

Allahrakha (2025) provides a comprehensive examination of the jurisdictional and due process challenges in cross-border cybercrime cases. The paper analyzes existing frameworks, particularly the Budapest Convention, and evaluates their effectiveness in harmonizing national approaches.

The paper identifies four jurisdictional principles that compete in cybercrime cases:

  • Territorial jurisdiction: The crime occurred (at least in part) in the state's territory. But where does a cybercrime "occur"? At the attacker's location? The victim's location? The server's location? All three?
  • Nationality jurisdiction: The perpetrator or victim is a national of the state. This provides a basis for prosecution but may conflict with the territorial claims of other states.
  • Effects jurisdiction: The crime's effects were felt in the state's territory, regardless of where the conduct originated. This is the most expansive basis and the most contested.
  • Universal jurisdiction: The crime is so serious that any state may prosecute. Applied in some cases to cyber-terrorism and attacks on critical infrastructure, but not broadly accepted for ordinary cybercrime.
  • The paper documents that concurrent jurisdiction claimsโ€”where multiple states assert the right to investigate and prosecute the same offenseโ€”are common in cybercrime and that no international mechanism exists to resolve such conflicts. The Budapest Convention encourages cooperation and consultation but does not establish priority rules.

    Due process concerns are equally significant: mutual legal assistance requests (MLATs), the primary mechanism for cross-border evidence gathering, typically take 6-18 months to processโ€”an eternity in cybercrime investigations where digital evidence can be destroyed in seconds.

    The 2024 UN Convention

    Bogdan (2025) analyzes the implications of the UN Convention on Cybercrime, adopted after four years of contentious negotiations. The Convention represents a compromise between broadly different visions of cybercrime governance:

    • Western states (US, EU, Japan, Australia) favored an instrument focused on procedural cooperationโ€”expediting evidence sharing, establishing 24/7 contact points, harmonizing dual criminality requirementsโ€”building on the Budapest Convention model.
    • Russia and China initially proposed a broader instrument that would criminalize categories of online content (including "information that undermines state security") and give states greater sovereignty over their domestic internet.
    The adopted Convention navigates between these positions. It establishes cooperative mechanisms for evidence sharing and provides for emergency disclosure of subscriber information, but it also includes provisions that civil liberties organizations have criticized as potentially enabling surveillance and the criminalization of political speech.

    The paper identifies implementation as the critical challenge: the Convention requires states to enact domestic legislation, establish competent authorities, and build capacity for cross-border cooperationโ€”tasks that will take years and significant resources, particularly for developing countries.

    Evidence and Cooperation Challenges

    Manikandan (2025) focuses on the practical challenges of cross-border cybercrime litigation, examining jurisdiction, evidence, and international cooperation in detail. The paper provides case-based analysis of how these challenges play out in actual prosecutions.

    Key challenges identified include:

    • Data localization vs. cross-border access: As more countries adopt data localization requirements (mandating that data about their citizens or residents be stored domestically), the physical location of digital evidence becomes more fragmented and legally complex.
    • Encryption: End-to-end encrypted communications are increasingly central to cybercrime investigations, but lawful access to encrypted data remains one of the most contentious policy debates globally.
    • Attribution: Identifying the individuals behind a cyberattack often requires cooperation from multiple jurisdictions, including countries that may be harboring the attackers. Political will is as much a barrier as legal mechanisms.
    • Electronic evidence standards: The admissibility of digital evidence varies across jurisdictions, and evidence obtained through cross-border cooperation may face chain-of-custody challenges in domestic courts.
    • Cloud provider cooperation: Major cloud service providers (primarily US-based) hold evidence relevant to cybercrime investigations worldwide. The US CLOUD Act provides a mechanism for bilateral agreements on direct provider access, but only a few countries have concluded such agreements.

    International Cybercrime Cooperation Framework

    <
    InstrumentPartiesKey MechanismLimitation
    Budapest Convention81 parties (2025)MLAT acceleration; 24/7 network; expedited preservationWestern-centric; Russia/China not parties
    2nd Additional ProtocolEntry into force pendingDirect cooperation with ISPs; emergency disclosure; joint investigationsNot yet in force; ratification slow
    UN Convention on CybercrimeAdopted; open for signatureGlobal scope; evidence sharing; capacity buildingImplementation timeline uncertain; surveillance concerns
    CLOUD Act (US, 2018)Bilateral agreements (UK, Australia)Direct cross-border access to provider dataUS-centric; limited bilateral partners
    e-Evidence Regulation (EU, 2023)EU member statesCross-border production and preservation orders within EUEU-internal only

    What To Watch

    The UN Convention's signature and ratification process, beginning in 2025, will reveal whether the instrument attracts genuinely universal participation or fractures along geopolitical lines (as the Moon Agreement did for space law). The Second Additional Protocol to the Budapest Convention, which provides the most operationally useful provisions for cross-border evidence access, needs broader ratification to achieve its potential. And the fundamental tension between cybercrime investigation and privacy/civil liberties will intensify as AI-powered cyberattacks become more sophisticated and the pressure for rapid cross-border evidence access grows.

    References (3)

    [1] Allahrakha, N. (2025). Cross-Border E-Crimes: Jurisdiction and Due Process Challenges. Adliya, 18(2), 38633.
    [2] Bogdan, D.M. (2025). International Judicial Cooperation in the Context of the Adoption in 2024 by the United Nations of the Convention on Cybercrime. Acta Iuridica Jaurinensis, 19(2), 7361.
    [3] Manikandan, K.P. (2025). Cross-Border Cybercrime Litigation: Challenges in Jurisdiction, Evidence, and International Cooperation. Journal of Advances in Legal Studies, 1(1), 03.

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