نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The expansion of cyberspace and the growing dependence of states, institutions, and individuals on digital infrastructure have challenged the traditional concept of national sovereignty, raising issues that can be examined, in significant part, within the framework of international criminal law. The transnational nature of cybercrime means that a criminal act can produce effects in several countries without the perpetrator being physically present in the territory of the affected state. Consequently, traditional principles of criminal jurisdiction face circumstances that were not anticipated when many existing laws were enacted. This study examines the extent to which existing legal frameworks are adequate to address these challenges. It classifies cyberattacks, digital espionage, and attacks against critical infrastructure and analyzes them from the perspectives of international criminal law and digital forensics. The research adopts a legal and comparative approach, drawing on digital forensics to explain the patterns of offending and the transnational characteristics of cybercrime. The findings indicate that although traditional rules of criminal jurisdiction remain an essential basis for regulating judicial relations between states, they are not fully adequate to address the complex and cross-border nature of cybercrime. The absence of a binding hierarchy among competing jurisdictional claims may also lead to jurisdictional conflicts and undermine the principle of sovereign equality among states. Under certain circumstances, attacks against critical infrastructure may extend beyond
کلیدواژهها English