The International Legal Framework for Combating Cybercrimes Affecting National Security and The Judicial Cooperation Between Countries

Abstract

The purpose of this research is to provide an analytical study of the international legal framework for combating serious electronic crimes in national security, focusing on the current Iraqi legislation within this framework in the light of the rapid changes known in cyberspace. The research starts from determining the legal concept of electronic crimes affecting national security through the connection between the attack on digital infrastructure, communication networks, money and energy and the violation of the constitutional rights to life, security and freedom, explaining how to expand the traditional protection of national security to include the digital space as part of the strategic sphere of the state. The research is based on descriptive, analytical and comparative analysis of the provisions of the Iraqi Constitution, the Anti-Terrorism Law No. 13 of 2005, the Anti-Money Laundering and Terrorist Financing Law No. 39 of 2015, the Penal Code, and the Law on Principles of Criminal Trials, and then comparing them with what is established in the international agreements related to combating organized crime, money laundering, terrorist financing, and information crimes. The research covers the role of international and regional organizations in the drafting of the regulatory standards for the digital space and the justification of the national legislator for the number of draft laws on electronic crimes, while stopping at the major observations and criticisms raised around the legislative formulas that may lead to the expansion of criminalization at the expense of digital rights and freedoms. Also, the research addresses the forms of judicial cooperation between countries in the prosecution of electronic crimes of national security, through the study of the mechanisms of mutual legal assistance, the surrender of the accused, the exchange of digital evidence, and the formation of joint investigation teams, and the analysis of the legislative, technical, and institutional challenges we face related to the dualization of criminalization, jurisdiction of the judiciary, the validity of digital evidence, and the protection of confidentiality and personal information. The conclusion of the study is that building an effective protection for national security in the face of electronic crimes requires a balanced development of the national legislative system and the activation of the obligations of the convention and the strengthening of the capacities of justice institutions and technical agencies to deal with digital evidence, while a comprehensive approach to meet the requirements of cyber security and at the same time ensure respect for rights and freedoms in the digital environment.