Abstract

The digital age has ushered in a new era of national security challenges, primarily driven by the evolving landscape of cybercrimes. Extradition, the legal process facilitating the transfer of individuals across jurisdictions for trial or prosecution, has assumed a pivotal role in addressing cybercrimes directly impacting the security of nations and their citizens. This study delves into the complex domain of extradition in the digital age, with a specific focus on cybercrime cases intertwined with national security interests. The central theme that emerges is the critical importance of harmonizing legal frameworks, particularly in the context of dual criminality requirements. Cybercrimes often transcend borders and can involve actions recognized as criminal in one country but not in another. Divergent legal frameworks, jurisdictional conflicts, and the absence of a comprehensive global treaty on cybercrime contribute to the complexity of extradition in this domain. Cases such as those of Gary McKinnon, Alexei Burkov, Julian Assange, and Meng Wanzhou, exemplify the intricacies of international extradition when dealing with cybercrimes and national security interests. Beyond legal considerations, the study explores the diplomatic, political, and human rights dimensions of cybercrime extradition. Striking a balance between national security imperatives and individual rights becomes a delicate challenge that extradition processes must navigate. It emphasizes the critical role of international cooperation in addressing jurisdictional challenges inherent to cybercrime extradition. In the rapidly evolving landscape, the development of best practices and model approaches is essential to mitigate jurisdictional difficulties and ensure justice prevails, even in the face of cyber threats transcending borders.

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