Abstract
Abstract Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.
Highlights
Introduction to Mutual Legal Assistance andExtraditionMechanisms mla and extradition regimes are in most countries governed by a two-pronged system, national legislation and bi- or multi-lateral treaties
Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws (CRC Committee, CRC/C/GC/25), as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is the rule
The following sections are a first attempt for putting the best interests of the child principle at the center of transnational law enforcement collaboration in the context of online child sexual abuse offences, focusing on solving jurisdictional conflicts, mutual legal assistance and extradition
Summary
Mechanisms mla and extradition regimes are in most countries governed by a two-pronged system, national legislation and bi- or multi-lateral treaties. Art. 38(3) states that in case state parties require a bilateral treaty to facilitate mla or extradition requests, they ‘may consider this Convention the legal basis for mutual legal assistance in criminal matters or extradition in respect of the offences established in accordance with this Convention’. The following sections are a first attempt for putting the best interests of the child principle at the center of transnational law enforcement collaboration in the context of online child sexual abuse offences, focusing on solving jurisdictional conflicts, mutual legal assistance and extradition. Developing these general principles further will make them relevant and useful for this specific area of the criminal justice process. In order to make this approach more concrete, Anna’s case is used as an example to showcase how these factors can be applied in order to solve a jurisdictional conflict in a child-centred manner
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