Citation

Witting SK. Int. J. Child. Rights 2021; 29(3): 731-764.

Copyright

(Copyright © 2021, Brill Academic Publishers)

DOI

10.1163/15718182-29030010

PMID

unavailable

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.

Language: en

Keywords

child sexual abuse material; Committee; crc; extradition; jurisdiction; mutual legal assistance; online child sexual abuse; opsc; violence against children