Jurisdictional Challenges Of Transnational Cybercrimes In The African Region

Abstract

Transnational cybercrimes are cybercrimes occurring across several jurisdictions. The advancement of technology has brought about an increase in the sophistication, severity and comprehensiveness of incidents of cybercrimes such that cybercrimes can now be effortlessly transnational. Existing literature reveals that inadequacy of cybercrime specific legislation in some states, inadequacy of procedural powers and inadequacy of enforceable mutual legal assistance provisions constitute jurisdictional challenges to transnational cybercrimes (TNCCs). This paper appraises the adequacy of legal responses to jurisdictional challenges of TNCCs in the African region and finds that in spite of the emphasis on the need for the enactment and harmonisation of cybercrime legislations, the problem of safe haven persist. It also finds that the various legal responses by states that have enacted cybercrime legislation in the region, have shown states consistently applying traditional territorially based rules to online activities by enacting laws that do not adequately address the borderless nature of the Internet. It concludes that purely domestic legal responses to cybercrimes, no matter how advanced, are inadequate as fragmented approach cannot effectively eradicate the problem created by the presence of safe havens. It proposes a holistic approach by way of a regional instrument patterned after the Council of Europe’s Convention on Cybercrime with provisions for effective and adequate international cooperation