The need for cybercrime regulation on a global scale by the international law and cyber convention
Authors: Buçaj Enver , Idrizaj Kenan 
Published: October 2024

This study highlights the necessity of controlling the issue of Cybercrime with International Law Principles and treaties, the legal foundation of international cybercrime legislation. The paper pursued normative behavior relying on the legislation of the European Union and countries outside of Europe. The implications of Cybercrime in cyberattack events establish a legal foundation for preventing and punishing cyber criminals wherever they occur. The perceived threats arising from cyberattack activities are grounded in known cyberattack behaviors and literature, underscoring the imminent nature of these threats. The Convention on Cybercrime, inaugurated in Budapest, Hungary, in November 2001, is recognized as a pivotal international agreement addressing Cybercrime and electronic evidence. The negotiation process included the Council of Europe, United States, Japan, Canada, and South African participants. Significantly, nations across Africa, the Americas, and the Asia/Pacific are harnessing this agreement to implement robust strategies against cybercrime. Cybercrime is a new area of international law, namely, International Criminal Law. The international community handles it because no convention has identified Cybercrime globally. It is urgent to govern Cybercrime globally, and statistics imply that the need to regulate Cybercrime under international criminal law is critical. The paper adopts a method designed to deeply understand the global legal structures related to cybercrime. The study employs a comprehensive approach, merging normative legal research to meticulously examine and interpret key legal documents such as the Budapest Convention, with a comparative legal analysis both within the European Union and globally. This analysis scrutinizes various jurisdictions, identifying best practices and discrepancies to inform a holistic understanding of cybercrime regulation. Policy analysis is conducted to critically assess existing strategies and propose innovative solutions, while technological insights are integrated to ensure legal frameworks are attuned to the rapidly evolving landscape of cyber threats. Involving a broad spectrum of stakeholders, including legal scholars and cybersecurity experts, the research offers a diverse perspective. This multifaceted approach aims to balance thorough legal scrutiny with actionable solutions, promoting robust and flexible strategies for international cybercrime regulation. The results of this comprehensive study underscore the urgent need for a global, unified legal response to combat cybercrime effectively. It concludes that the Budapest Convention marks a significant turning point, offering a foundation for international cooperation and legal harmonization in tackling cybercrimes. However, the rapid technological advancements and the evolving sophistication of cyber threats demand that this convention and other international legal instruments adapt and expand accordingly. The study highlights the importance of harmonizing legal definitions and practices across different jurisdictions, both in common law and civil law countries, cybercrime address the borderless nature of cybercrime. The necessity for enhanced collaboration between public and private sectors in cybercrime investigations is emphasized, alongside the importance of establishing ethical data collection and sharing standards.