Exploring the Territorial Jurisdiction of Cybercrime in the ICC: An Application of the Doctrine of “Effects”

The doctrine of “effects”, as an objective application of territorial jurisdiction, has been controversial since its establishment. The dispute becomes more intense when it comes to cybercrime. In the area of International Criminal Law, while some practices in the international criminal court and tribunals indicate a trend towards expanding territorial jurisdiction, which implies the application of the “effects” doctrine, whether the Court can adopt the doctrine or not remains uncertain. In the background that the integration of cybercrime and crimes stipulated by the Court is becoming a trend, considering the necessity and feasibility of applying the “effects” doctrine to the International Criminal Court, it is argued that the doctrine should be applied to the Court’s territorial jurisdiction. However, some potential risks raised by the application require a more balanced solution for the problem, which means the “effects” doctrine can only be applied by the Court when there exists a substantial and reasonably foreseeable effect on the territory.

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Publication Details

Journal
Transactions on Social Science Education and Humanities Research
Published
2024-08-29
DOI
https://doi.org/10.62051/61e72q59
Primary Topic
Cybersecurity and Cyber Warfare Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Exploring the Territorial Jurisdiction of Cybercrime in the ICC: An Application of the Doctrine of “Effects”

Zilan Huang
Transactions on Social Science Education and Humanities Research
Cybersecurity and Cyber Warfare Studies
article

Exploring the Territorial Jurisdiction of Cybercrime in the ICC: An Application of the Doctrine of “Effects”

Zilan Huang
article en

Abstract

The doctrine of “effects”, as an objective application of territorial jurisdiction, has been controversial since its establishment. The dispute becomes more intense when it comes to cybercrime. In the area of International Criminal Law, while some practices in the international criminal court and tribunals indicate a trend towards expanding territorial jurisdiction, which implies the application of the “effects” doctrine, whether the Court can adopt the doctrine or not remains uncertain. In the background that the integration of cybercrime and crimes stipulated by the Court is becoming a trend, considering the necessity and feasibility of applying the “effects” doctrine to the International Criminal Court, it is argued that the doctrine should be applied to the Court’s territorial jurisdiction. However, some potential risks raised by the application require a more balanced solution for the problem, which means the “effects” doctrine can only be applied by the Court when there exists a substantial and reasonably foreseeable effect on the territory.

Transactions on Social Science Education and Humanities ResearchVol. 12
Beijing Foreign Studies University (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
Cybersecurity and Cyber Warfare Studies
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