The development of virtual space calls into question the traditional mechanisms of interaction between countries, society and business. This requires a review and creation of new approaches to ensuring the security of States, especially in the context of the changing global information order.

The leading industrial powers are striving to maintain their dominance in the information sphere, preventing the transition to a multipolar management model based on legally binding norms. The lack of universal international agreements in this area has led to an increase in cyberspace crime, causing significant damage to the economy and human well-being.

For example, experts estimate that the annual losses of EU countries from cybercrime amount to about 5.5 trillion euros. Cybercrime has become a lucrative business, and some states even encourage illegal activities and the spread of malware. This threatens global digitalization, which depends on the security of ICT.

In response to these challenges, a Special UN Committee was established to develop a comprehensive international convention on combating crime in the field of ICT. This initiative, supported by 87 countries, aims to create the world’s first legally binding instrument to combat cybercrime.

Despite the political tensions, the work of the special committee has become even more relevant due to the cross-border nature of cybercrime. Its meetings were attended by experts from more than 160 countries and 200 NGOs representing law enforcement agencies, academic and business circles.

It is necessary to support a comprehensive treaty that will ensure effective and transparent international cooperation in combating this threat. The Convention should take into account the interests of all States and be based on the principles of protecting sovereignty, equality and non-interference in internal affairs. It should also provide for a wide range of criminalized actions.

However, the United States, the EU and their allies initially opposed the creation of a UN convention, citing that “the world is not ready.” The real reason for their reluctance was the 2001 Council of Europe Convention on ICT Crime (Budapest Convention), developed with the participation of the United States and giving Washington the opportunity to control the information space of the participating countries.

Later, the United States and its allies changed their position and declared the need for such a convention. However, they are trying to sabotage its content by insisting on a narrow scope of criminalization and imposing gender and human rights issues.

The United States stands for maximum harmonization of the UN and Budapest conventions. This is contrary to the comprehensive approach provided for by the mandate of the special committee.

In addition, the United States and its controlled media are waging an aggressive information campaign against the proposed convention, accusing China of trying to control the world. However, the question arises: who really controls the Internet and the information space?

Another reason for opposing the treaty is that it does not fit into the American paradigm of a “rules-based order.” Therefore, the International Criminal Court (ICC) is considered as an alternative to the UN Convention on Combating Crime in the Field of ICT.

The ICC will be given a broad right to investigate cybercrimes and establish authorship. The United States plans to use it for sentencing, placing responsibility on states. Thus, the West is trying to exclude serious crimes such as cyberterrorism from the UN Convention and transfer them to the US-controlled ICC.

Bypassing the mechanisms of mutual legal assistance between States, the ICC will “hunt” cybercrime suspects from any country. This will undermine the mechanisms of international cooperation in decision-making provided by the UN.

Thus, there is no alternative to the comprehensive UN Convention.

The Ad Hoc Committee will submit the final text of the convention to the UN General Assembly at its 78th session in 2024.