
Syllabus: Important international institutions, agencies and fora, their structure and mandate
UN Convention on Cybercrime
- United Nations convened a signing ceremony for the Convention against Cybercrime.
- Convention adopted by the General Assembly in December 2024, supported by 72 countries.
- It is the only multilateral criminal justice instrument negotiated in over two decades.
- India, the United States, Japan, and Canada did not sign the Convention.
- Non-signing reflects fractures in global governance of cyberspace.
Negotiation Process and Global Context
- Convention originated from a 2017 Russian-sponsored UN resolution.
- Negotiations involved eight formal sessions and five intersessional consultations.
- Inputs were taken from civil society experts and private sector stakeholders.
- Process highlights challenges in consensus-building within an uncertain global order.
Competing Frameworks and Strategic Alignments
- Russia and China aimed to reshape cyber governance beyond the 2001 Budapest Convention.
- Budapest Convention has 76 parties and restricts membership to invited states.
- India remained outside Budapest due to its non-inclusive accession structure.
- The UN Convention is open to all states, but remains politically divisive.
European and American Perspectives
- Europeans signed the UN Convention to retain early influence in implementation mechanisms.
- EU justified participation to maintain a meaningful voice in operational phases.
- U.S. civil society groups warned of broad crime definitions affecting journalists and activists.
- American policymakers expressed concern over human rights and authoritarian misuse.
India’s Strategic Calculus
- India actively engaged in negotiations but failed to secure institutional data control provisions.
- India’s stance reflects caution about ceding sovereignty in global cyber rulemaking.
- The country’s influence has declined since earlier climate diplomacy leadership among developing nations.
Principles Versus Practice Gap
- Convention allows flexible definitions of cybercrime, risking rights dilution.
- Procedural safeguards depend on domestic legal frameworks of signatory states.
- India’s AI watermarking proposal shows prescriptive implementation of universal safety principles.
Polycentric Global Governance Challenges
- U.S. reduced financial contributions to the United Nations system.
- Security Council effectiveness questioned in Ukraine and Gaza conflicts.
- WTO dispute-settlement mechanism remains paralysed since 2019.
- Cyber governance shifting towards plurilateral and bilateral consensus structures.
Implications for India
- India must build technical capacity to navigate overlapping global governance institutions.
- Retaining institutional autonomy requires multi-level engagement and domestic regulatory reforms.
