The Digital Leviathan: The UN Cybercrime Treaty and the Future of Global Governance

Muskan Sharma
Muskan Sharma
Research Analyst- Policy & Advocacy, CyberPeace
PUBLISHED ON
Oct 30, 2025
10

Introduction

Law grows by confronting its absences, it heals through its own gaps. States often find themselves navigating a shared frontier without a mutual guide or lines of law in an era of expanding digital boundaries and growing cyber damages. The United Nations General Assembly ratified the United Nations Convention against Cybercrime on December 24, 2024, and more than sixty governments were in attendance in the signing ceremony on 24th & 25th October this year, marking a moment of institutional regeneration and global commitment. 

A new Lexicon for Global Order

The old liberal order is being strained by growing nationalism, economic fracturing, populism, and great-power competition as often emphasised in the works of scholars like G. John Iken berry and John Mearsheimer. Multilateral arrangements become more brittle in such circumstances. Therefore, the new cybercrimes convention represents not only a legal tool but also a resurgence of international promise, a significant win for collective governance in an uncertain time. It serves as a reminder that institutions can be rebuilt even after they have been damaged. 

In Discussion: The Fabric of the Digital Polis

The digital sphere has become a contentious area. On the one hand, the US and its allies support stakeholder governance, robust individual rights, and open data flows. On the other hand, nations like China and Russia describe a “post-liberal cyber order” based on state mediation, heavily regulated flows, and sovereignty. Instead of focusing on ideological dichotomies, India, which is positioned as both a rising power and a voice of the Global South, has offered a viewpoint based on supply-chain security, data localisation, and capacity creation. Thus, rather than being merely a regulation, the treaty arises from a framework of strategic recalibration. 

What Changed & Why it Matters

There have been regional cybercrime accords up to this point, such as the Budapest Convention. The goal of this new international convention, which is accessible to all UN members, is to standardise definitions, evidence sharing and investigation instruments. 72 states signed the Hanoi signature event in October, 2025, demonstrating an unparalleled level of scope and determination. In addition to establishing structures for cooperative investigations, extradition, and the sharing of electronic evidence, it requires signatories to criminalise acts such as fraud, unlawful access to systems, data interference, and online child exploitation. 

For the first time, a legally obligatory global architecture aims to harmonise cross-border evidence flows, mutual legal assistance, and national procedural laws. Cybercrime offers genuine promise for community defence at a time when it is no longer incidental but existential, attacks on hospitals, schools and infrastructure are now common, according to the Global Observatory.

Holding the Line: India’s Deliberate Path in the Age of Cyber Multilateralism 

India takes a contemplative rather than a reluctant stance towards the UN Cybercrime Treaty. Though it played an active role during the drafting sessions and lent its voice to the shaping of global cyber norms, New Delhi is yet to sign the convention. Subtle but intentional, the reluctance suggests a more comprehensive reflection, an evaluation of how international obligations correspond with domestic constitutional protections, especially the right to privacy upheld by the Supreme Court in Puttaswamy v. UOI (2017)

Prudence is the reason for this halt. Policy circles speculate that the government is still assessing the treaty’s consequences for national data protection, surveillance regimes, and territorial sovereignty. Officials have not provided explicit justifications for India’s refusal to join. India’s position has frequently been characterised by striking a careful balance between digital sovereignty and taking part in cooperative international regimes. In earlier negotiations, India had even proposed including clauses to penalise “offensive messages” on social media, echoing the erstwhile Section 66A of the IT Act, 2000, but the suggestion found little international traction. 

Advocates for digital rights such as Raman Jit Singh Chima of Access Now have warned that ensuring that the treaty’s implementation upholds constitutional privacy principles may be necessary for India to eventually endorse it. He contends that the treaty’s wording might not entirely meet India’s legal requirements in the absence of such voluntary pledges. 

UN Secretary-General Antonio Guterres praised the agreement as “a powerful, legally binding instrument to strengthen our collective defences against “cybercrime” during its signing in Hanoi. The issue for India is to make sure that multilateral collaboration develops in accordance with constitutional values rather than to reject that vision. Therefore, the path forward is one of assertion rather than absence, careful march towards a cyber future that protects freedom and sovereignty. 

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PUBLISHED ON
Oct 30, 2025
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