Legal Responses to Transnational and International Crimes
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Legal Responses to Transnational and International Crimes

Towards an Integrative Approach

Edited by Harmen Van der Wilt and Christophe Paulussen

This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
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Chapter 7: Cybercrime and its sovereign spaces: an international law perspective

Ilias Bantekas

Abstract

The position of this chapter is that unlike other tangible areas, such as the seas or airspace, cyberspace, although very much a sphere of activity is not a space in the physical sense and is not, therefore, subject to the international law of boundaries. This observation is crucial for law enforcement purposes because the prosecution of cybercrimes in cyberspace does not engage the concept of jurisdiction from the perspective of territoriality, although states are, of course, free to consider cybercrime from an artificial cross-border, boundary-related or similar perspective.

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