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American Journal of  
Society and Law ( AJSL)

Cybercrime: A Phenomenon Challenging Criminal Justice: A Legal Analytical Study
Bahra Taher1, Tavga Abbas Towfiq1, Kawar Mousa1* 

Volume 4 Issue 2, Year 2025
ISSN: 2835-3277 (Online)

DOI: https://doi.org/10.54536/ajsl.v4i2.6145
https://journals.e-palli.com/home/index.php/ajsl

Article Information ABSTRACT

Received: September 20, 2025
Accepted: October 24, 2025
Published: November 20, 2025

Cybercrime is emerging as a significant global challenge, particularly threatening the security 
and stability of  societies in the Arab world and beyond. The ease with which these crimes 
can be committed online makes them tough to detect, investigate, and prosecute. This study 
delves into the key hurdles that Arab nations encounter when trying to tackle cybercrime. 
A major issue is the lack of  comprehensive legal frameworks in place. Additionally, many 
countries struggle with poor cooperation amongst themselves, coupled with a general 
public that lacks sufficient awareness of  cyber risks. There’s also a notable shortage of  
trained professionals in the cybersecurity field, not to mention an underdeveloped technical 
infrastructure. All these factors combined create a challenging environment for effectively 
preventing, investigating, and holding offenders accountable. To combat these challenges, the 
research recommends several vital actions. First, strengthening international collaboration is 
crucial since cybercrime recognizes no borders. Raising public awareness through educational 
initiatives and media campaigns is also essential for equipping individuals and organizations 
with the knowledge they need to spot and fend off  cyber threats. Furthermore, investing in 
specialized training programs for investigators and cybersecurity professionals will bolster 
law enforcement’s effectiveness. Enhancing national infrastructure from digital forensics 
capabilities to cybersecurity systems is imperative for effectively detecting and reacting to 
cyberattacks. In the end, tackling cybercrime demands a cohesive effort from governments, 
institutions, and individuals alike. By implementing robust legislation, promoting cooperation, 
increasing public education, and building technical expertise, Arab countries can pave the 
way for improved digital security and stability.

Keywords
Crime Prevention, Cybercrime, 
Digital Security, International 
Cooperation, Legal Challenges

1 Department of  International Law, Near East University, Nicosia 99138, North Cyprus, via Mersin 10, Turkey
* Corresponding author’s e-mail: kawarmohammed.mousa@neu.edu.tr

INTRODUCTION
Cybercrime is a very sophisticated and highly advanced 
threat with which contemporary societies from all over 
the world contend. The increased usage of  computer 
technology, internet communication, as well as cross-
border transfers of  data, created new prospects for 
criminality occurring within a few minutes across 
borders (Sun, 2011; Al-Kaabi, 2020). They are eroding 
well-established criminal principles of  law along with 
jurisdiction as well as investigation methods. The context 
is quite critical in the Arab region, because the rapid 
transformation of  the virtual reality world has not been 
matched by proper models of  legislation and institutions 
(Gomaa, 2021; Atrey, 2023).
Cybercrime does not just threaten individuals; it threatens 
national security, financial stability, and faith in justice 
systems. Despite numerous global conventions, such as 
the Budapest Convention on Cybercrime (2001) and the 
Arab Model Law to Combat the Misuse of  Information 
and Communication Technology (2003), the majority of  
Arab countries remain afflicted with outdated law, weak 
enforcement authorities, and a lack of  judicial expertise 
(Ababneh, 2005; Al-Husseinawi, 2012). As a result, 
perpetrators are allowed to operate with impunity, while 
victims find it very difficult to get justice (Amoo et al., 
2024).
Although numerous studies have examined the problem 
of  cybercrime, there remains a great shortfall in legal-

analytical studies that comparatively assess regional 
models and determine the level to which Arab legal 
systems, i.e., Iraq and Lebanon, align with international 
requirements (Abdel Aal, 2021; Udofa, 2020). Most 
available literature is technical or criminological and fails 
to address the legal aspect. Other recent works by E-Palli 
researchers further indicate the need for interdisciplinary 
collaboration between legal specialists and information-
security experts for better regional counter-cyberattack 
measures (Hassan & Al-Otaibi, 2023; Rahman & El-
Sayed, 2022).
This research aims to fill this gap by conducting a 
doctrinal and comparative legal analysis of  cybercrime 
law and court practice in selected Arab nations. It 
identifies substantive and procedural issues, assesses the 
effectiveness of  current legal policy, and recommends 
reforms strengthening criminal-justice responses to 
cybercrime (Khamaiseh & Krim, 2024).
The study is guided by the following guiding questions:

1. What are the primary legal and procedural barriers to 
dealing with cybercrime in the Arab world?

2. To what extent are the current national frameworks, 
including Iraq and Lebanon, better than international 
standards in law?

3. What can reform and cooperative efforts do to 
enhance the capacity of  criminal-justice institutions to 
respond to cyber challenges?
By posing these questions, the research helps in additional 



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regional and global efforts towards a more secure, more 
equitable, and technologically safe society.

LITERATURE REVIEW
Cybercrime is evolving rapidly across the globe, exploiting 
the borderlessness and facelessness of  the internet to 
target individuals, organizations, and states.
Scholars agree that even as technology has expanded at a 
record-breaking rate, legal and institutional mechanisms 
have not kept pace (Al-Kaabi, 2020; Sun, 2011; Hamid, 
2020). This imbalance has strained traditional legal 
notions of  territoriality, jurisdiction, and proof  to their 
limits, which were originally designed for crimes within 
the confines of  national territories (Gomaa, 2021). Early 
research in the Arab world was primarily interested in 
criminalizing bad behavior on the internet through law 
(Ababneh, 2005; Abdullah, 2007).
But as more studies emerged, it was clear that some Arab 
countries had tackled the matter only partially. Their law 
often did not contain procedural means of  investigation, 
gathering electronic evidence, and international 
cooperation (Al-Husseinawi, 2012). Although the Arab 
Model Law to Combat the Misuse of  Information and 
Communication Technology (2003) was a remarkable 
regional success, its implementation remained uneven 
across member states (Al-Antali, 2018). Comparative legal 
research shows that the European nations that became 
parties to the Budapest Convention on Cybercrime 
(2001) have set up wide-ranging digital forensic 
mechanisms, international cooperation, and expert courts 
of  cybercrime (Hewling, 2013; Udofa, 2020). Meanwhile, 
nations like Iraq and Lebanon continue to enforce 
generic penal codes that never intended to address crimes 
that are committed over the internet (Makkawi, 2010; 
Hamid, 2020). Such disparity denies investigators and 
prosecutors with adequate legal standards and technical 
support. Other researchers identify the growing need for 
integrating cybersecurity governance and digital-forensics 
training in criminal-justice agencies (Jackson, 2017; 
Faizullah, 2005).
Recent research by E-Palli Publishers presents that 
cybercrime prevention is more than feasible using 
punishment alone it requires enhanced legal capability, 
inter-agency cooperation, and judicial sensitization 
(Hassan & Al-Otaibi, 2023).
Rahman and El-Sayed (2022) also contend that Arab 
countries require integrated reforms for congruence 
between domestic law and international standards in 
order to achieve justice and accountability in the cyber age 
(Hunton, 2009). From this expanding corpus of  work, 
there are two key gaps. First, the majority of  previous 
research views cybercrime in a technical or criminological 
framework and overlooks the legal-analytical framework 
for assessing the sufficiency of  laws and institutions. 
Secondly, there are few comparative studies that provide 
analyses of  the application and interpretation of  
international conventions by Arab states.
Addressing such lacunae, the present study provides a 

comparative doctrinal examination of  Iraq and Lebanon, 
analyzing legislative weaknesses, judicial co-operation, 
and the emerging role of  criminal policy in combatting 
cybercrime (Abubakar, 2023).

MATERIALS AND METHODS
The study adopts a comparative legal research and 
doctrinal methodology to explore how Arab legal 
systems, specifically those of  Iraq and Lebanon, are 
reacting to the new trend of  cybercrime. The aim is to 
analyze the adequacy of  current legislation, compare 
their conformity with international legal instruments, and 
determine challenges hindering effective criminal-justice 
responses (Li, 2017).

Research Design
The doctrinal methodology was applied in examining 
primary sources of  law, for example, national penal codes, 
cybercrime laws, and case law, with secondary sources of  
law such as scholarly articles, theses, and international 
treaties. This allowed the organized examination of  the 
substantive and procedural elements of  cybercrime in a 
legal context (Gomaa, 2021; Hamid, 2020).

Comparative Approach
Comparative methodology was used between Iraq and 
Lebanon because the two nations have similar legal 
traditions based on civil-law systems but vary in the rate 
of  legal modernization. Comparison helps to shed light 
on how differences in legislation and practice within 
institutions affect the prosecution and prevention of  
cybercrime (Al-Antali, 2018). Applicable international 
and regional tools mainly, the Arab Model Law (2003) 
and the Budapest Convention on Cybercrime (2001) were 
also reviewed for adoption and influence on national 
models.

Data Collection and Sources
The study relied exclusively on qualitative data drawn 
from:

Primary Sources
official documents released by Arab ministries of  justice, 
criminal codes, cybercrime acts, and constitutions.

Secondary Sources
Monographs, journals, doctoral and master theses, and 
research reports by reputable publishers, including E-Palli 
Publishers (Hassan & Al-Otaibi, 2023; Rahman & El-
Sayed, 2022).
These sources were identified through targeted searches 
in scholarly databases and legal depositories for 
comprehensive discussion of  theoretical and practical 
aspects of  cybercrime law.

Data Analysis
Content-analysis was employed as a method of  
synthesizing and interpreting legal documents as 



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well as scholarly opinions. The approach enabled 
the identification of  universal legal loopholes, policy 
loopholes, and procedural problems in prosecuting 
cybercrime crimes. Focus of  analysis was placed on 
national laws and international cooperation platforms, 
and judicial and institutional capacity in combating 
cybercrime.

Ethical Considerations
Because the research is only using legal and document 
sources, the research did not involve any human subjects. 
Academic honesty, however, was maintained through 
correct citation, credits to all the sources, and adherence 
to research-ethics standards in intellectual property and 
openness.

RESULTS AND DISCUSSION
A comparison of  legal documents, international 
documents, and scholarly research revealed several 
key findings about legal and institutional responses to 
cybercrime in Arab countries, namely Iraq and Lebanon. 
The following findings are thematically organized to show 
the ways in which legislative and procedural inadequacies 
sabotage criminal justice system effectiveness in 
combatting cybercrime.

Legislative Challenges
The study finds that the absence of  well-rounded and 
specialist cybercrime laws remains a central issue both in 
Lebanon and Iraq. While incomplete legislative responses 
have been enacted as limited amendments to penal codes 
and information-technology laws, these are disparate and 
obsolete (Ababneh, 2005; Hamid, 2020). For instance, 
today’s Iraqi law would prefer that cyber-crimes be treated 
as mere appendages of  the conventional offensiveness of  
fraud or theft, and not independent digital offences.
Similar to the current Lebanese system, which focuses 
primarily on electronic payments and protection of  
privacy, there are huge loopholes in cyber-hacking, data 
intrusions, and cyber-terrorism (Gomaa, 2021). These 
loopholes contrast with the Budapest Convention on 
Cybercrime (2001), which specifies offences and precise 
jurisdictional and procedural structures for international 
cooperation. The findings therefore validate earlier 
research indicating that the Arab legal systems are unable 
to cope with the transnationality and intricacy of  cyber 
threats (Al-Kaabi, 2020; Udofa, 2020).

Procedural and Institutional Gaps
The study also pinpoints considerable procedural gaps 
in investigation and prosecution of  cybercrimes. Most 
of  such Arab nations as Iraq and Lebanon lack special 
cybercrime courts along with prosecutorial offices, 
thereby suffering delays, subpar technicalknowledge, as 
well as adjudications discrepancies. Examiners also lack 
digital-forensics equipment as well as proper education 
on digital-evidence collection as well as preservation 
(Hewling, 2013; Jackson, 2017).

The lack of  inter-agency cooperation also undermines 
enforcement further. It is extremely difficult to detect 
cyber-offenders with or without centralized databases/in-
time liaison within law-enforcing authorities. All these are 
consistent with existing regional research which identified 
that procedural inefficiency undermines even successful 
laws (Rahman & El-Sayed, 2022).

International Cooperation and Cross-Border 
Enforcement
Another important finding is with regards to a lack of  
international cooperation on fighting cybercrime. In spite 
of  regional implementation of  regional mechanisms 
such as the Arab Model Law (2003), there is disparity 
in its implementation among member states, while the 
institutions that are supposed to coordinate are mostly 
on paper. Iraq and Lebanon are not fully in sync with 
national laws up to the procedural structures promoted 
by the Budapest Convention (Al-Antali, 2018).
This absence of  connectivity is an obstacle for bi-lateral 
cooperation in law, extradition, as well as trans-border 
transportation of  evidence which are highly necessary for 
prosecuting cross-border crimes. The report confirms that 
despite European as well as North American countries 
having multi-jurisdiction platforms of  cooperation, 
Arab countries are still dependent on sluggish bi-lateral 
instruments that are politically restrained (Hassan & Al-
Otaibi, 2023).

Comparative Insights: Iraq and Lebanon
The comparative analysis is that both Lebanon and Iraq 
share the same structural vulnerabilities with variations 
in institutional maturity and implementation. The Iraqi 
cybercrime combating mechanism is disrupted by two 
overlapping ministries’ powers, while Lebanon suffers from 
political fragmentation that stalls legislative update. Iraq 
has only registered progress in training programs for law-
enforcement agencies, while Lebanon attempted to protect 
online privacy at the expense of  updating prosecution 
mechanisms (Makkawi, 2010; Al-Husseinawi, 2012).
These differences demand context-specific modification. 
Iraq would probably gain most from overt investigation 
procedures, whereas Lebanon would gain from legislative 
renewal combined with further judicial expertise. There 
is a common requirement to both countries, though, 
for a broad regional vision that facilitates cross-flow 
of  information, transnational investigation, as well as 
unification of  terms of  art.

Policy Implications and Future Directions
The study concludes that Arab judicial institutions should 
shift from a reactive mode to a preventive one. It is critical 
that authorities shift from the criminalization of  internet 
operations alone and reinstate back national systems with:

• Extensive legal reform aligned with international 
agreements;

• Building the capacity of  judges, prosecutors, and 
digital-forensics experts;



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• Public awareness and education to prevent cyber-
victimization;

• Regional cooperation enhanced through data-
exchange facilities and harmonized standards.
There are initiatives that are compatible with latest 
research in E-Palli that suggest that sustainable 
development entails synthesizing technology resilience 
with legal reform (Hassan & Al-Otaibi, 2023). There are 
such applications that increase investigation efficiencies 
as well as enhance confidence in regional Arab justice 
systems.

CONCLUSION
This study explored how Arab countries especially 
Lebanon and Iraq are struggling to keep up with the fast-
changing world of  cybercrime. It found that outdated 
laws, limited technical know-how, and the lack of  
specialized courts make it hard for both nations to deliver 
real justice. In Iraq, overlapping jurisdictions often create 
confusion among law enforcement agencies, while in 
Lebanon, bureaucratic hurdles slow down much-needed 
legal reforms.
Both countries also fall short of  meeting the cooperative 
and procedural standards set by the Budapest 
Convention (2001) and the Arab Model Law (2003). 
Using a comparative legal approach, the study connects 
international frameworks to local realities, showing that 
tackling cybercrime isn’t just about stricter punishment it’s 
about preparation and collaboration. Investing in judicial 
training, digital forensics, and regional partnerships can 
make a real difference. To move forward, governments 
must modernize their legal systems, build stronger 
institutions, and align national laws with global practices. 
Future research should also look at how emerging 
technologies like artificial intelligence and cryptocurrency 
are reshaping the fight against cybercrime in the Arab 
world.

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