Legal Sovereignty in Cyberspace: Jurisdictional Conflicts and International Cooperation in Cybercrime Prosecution
Abstract
The transnational nature of cybercrime fundamentally challenges traditional concepts of legal sovereignty and territorial authority. This study examines jurisdictional conflicts arising in cybercrime prosecution and analyzes mechanisms for international legal cooperation, with particular focus on the Lebanese legal framework within comparative international perspectives. The research investigates fundamental legal principles governing cybercrime - including the principle of legality (nullum crimen sine lege), territorial jurisdiction, and universal authority - and their application to cyber offenses that transcend physical borders. Analysis reveals critical tensions between these established principles and the borderless nature of cyberspace, where perpetrators in one authority can victimize persons in multiple other authorities, evidence may be located across numerous countries, and attribution poses complex technical and legal challenges. The study demonstrates that Lebanese criminal law, enacted in 1943 before the digital age, proves fundamentally inadequate for addressing cybercrime despite judicial attempts at creative adaptation. Through comparative analysis with regional legislation (UAE Federal Law No. 2/2018, Saudi Anti-Cyber Crime Law of 2007, Egyptian Law No. 175/2018) and international conventions (Budapest Convention on Cybercrime, Arab Convention on Combating Information Technology Crimes), this research identifies critical gaps in substantive criminal law, jurisdictional frameworks, and international cooperation mechanisms. Key findings emphasize that effective cybercrime combat requires: (1) legislative harmonization through adherence to international conventions, (2) clear jurisdictional frameworks addressing extraterritorial application, (3) expedited mutual legal assistance procedures adapted to digital evidence volatility, (4) technical assistance and capacity building cooperation, and (5) balance between investigative needs and privacy protection. This research contributes to Arabic legal scholarship on cyber sovereignty and provides Lebanese policymakers with comparative analysis and legislative reform recommendations grounded in international best practices.
Fields of Study & Subjects
Cybercrime and Law Enforcement Studies
Cybersecurity and Cyber Warfare Studies
Conflict of Laws and Jurisdiction
Publication details
- Journal / source
- Zenodo (CERN European Organization for Nuclear Research)
- Publication date
- 1 January 2026
- Language
- EN