Enacting Cybercrime Legislation in an Endeavour to Counter Cybercrime in Palestine

in Global Journal of Comparative Law
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The rapid development of information and communication technology has increased the opportunities for criminals to commit cybercrime. As many countries, Palestine faces problems countering cybercrime from both the legislative and technical perspectives. Palestinian courts deal with the matter using one of two approaches. In some instances, public prosecutors choose not to prosecute the act due to the fact that there is no provision of law applicable to the conduct. In others, they adapt the related conventional provisions of the Criminal Code to the conduct. To counter cybercrime, the Palestinian legislature should enact a cybercrime law, which is compatible with the Council of Europe Convention on Cybercrime, or incorporate the Arab Convention on Combating Information Technology Offences of 2010 in the Palestinian legal system. Legal reform is crucial, but not sufficient. Technical approaches, public awareness and ethical online education are vital as well. Meanwhile, the cooperation of the international community, as a whole, including the different formal and informal agencies in each country becomes necessary.

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74

Paul De Hert, and Boulet Gertjan (2013) Cybercrime report for Belgium: national report for the first Preparatory Colloquium on “Criminal Law, General Part” (Verona, Italy, 28 30 November 2012) for the 19th International Congress of Penal Law on “Information Society and Penal La. International Review of Penal Law (ridp / irpl), issue 84, vol.2013, n. 1–2, pp. 12–59. http://www.penal.org/IMG/pdf/RIDP_2013_1_2_CD_Annexe.pdf

119

Paul De Hert, Ibid, p. 896.

120

Paul De Hert, Ibid, p. 896.

134

Maghaireh, supra note 5, p. 67.

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