The Convention on Cybercrime of the Council of Europe, commonly known as the Budapest Convention, came into force in November 2001. Twenty-three years later, it is the only international treaty on cybercrime. At present, seventy-five countries across the globe are signatories to the Convention and thereby have agreed that certain behaviours are not acceptable in cyberspace. These countries have also incorporated the essence of the treaty in their national laws. In Asia-Armenia, Azerbaijan, Georgia, Israel, Japan, Philippines, Türkiye, Ukraine, and Kazakhstan are among its signatories. Pakistan is not a signatory to this Convention. Though there are many benefits of becoming a party to the Convention, but Pakistan is concerned about various risks related to the Convention. This insight will delve into the benefits and risks and critically analyse whether the benefits outweigh the risks or vice versa.
Today, the world is globally interconnected; any threat emanating from one part of the internet can put the entire internet at risk. The Budapest Convention was primarily created to address this jurisdictional issue posed by the evolution of information technology and the internet. The Convention proposed a solution that entailed harmonising cybercrime laws worldwide while also assuring the existence of procedural mechanisms to assist the successful prosecution of cyber criminals. The Convention brought forward a mechanism in the form of a multilateral agreement drafted to facilitate international cooperation among states party to the Convention to prosecute cybercriminals. The Convention’s preamble outlines its primary objective: to pursue a standard criminal policy for cybercrimes to protect society.
Becoming a party to the Budapest Convention will provide Pakistan with several benefits, the most significant being the facilitation of international cooperation. When Pakistan becomes a party to the Convention, it will gain access to a network of countries committed to combating cybercrimes. Information regarding other Convention parties will be accessible to Pakistan, and it will also be able to conduct joint investigations with other parties. To counter transnational cyber threats, it is crucial to have international cooperation, and the Budapest Convention is a key platform for this.
To join the Budapest Convention, Pakistan will be required to incorporate the essential features of the Convention into its national laws. Presently, the legislation on cybercrime in Pakistan is the Prevention of Electronic Crimes Act (PECA) 2016. PECA is a comprehensive legislation which reflects the essence of the Budapest Convention. However, if Pakistan becomes a Convention party, it will help the country harmonise its laws with international standards. This harmonisation of laws will revitalise the country’s national laws while equipping them to handle the latest cyber threats. Moreover, by becoming a party to the Convention, Pakistan’s law enforcement agencies and judicial bodies will benefit from international expertise and practice, making the country more effective and efficient in prosecuting cybercrimes.
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