تأثير تغير مفهوم السيادة على الاختصاص القضائي في الجرائم السيبرانية

Abstract EN

The Internet has become an integral part of everyday life and, in one way or another, affects our daily communications and transactions, and has even become an indispensable necessity for almost all individuals.

Given the fact that there is no central body governing the internet world, the occurrence of many violations is to be expected, especially since the traditional and viable means of achieving justice are not suitable for the virtual world that is witnessing rapid technological progress, and therefore, it is necessary to develop new means and techniques to regulate these communications and transactions as well as monitored their results.

Technology precede the legal regulations in almost all countries of the world, which some perceive as a natural matter due to its nature, yet we find that the effects of the delay in regulating such innovations have a huge impact on individuals and institutions that primarily need the legal protection provided by the state.

This may put us in an urgent need to discuss the state's ability to impose its control with regard to such development, and to impose its laws and present just punishment to violators, whilst prior to all this, determining what is considered an infringement or violation on the rights of its people.

In this context, legal jurisdiction appears as one of the most important matters in which the state's authority is manifested, which could appear as in conflict with the concept of “decentralization” that is supported by the new notions of sovereignty.

In this research, we shall be addressing how a change to the concept of sovereignty could, or could not, assist in the imposing a state's jurisdiction over a certain matter with regard to cyber crimes.