Date of Award

4-2022

Degree Type

Thesis

Degree Name

Doctor of Law (SJD)

First Advisor

Professor Dr. Sophie Clavier

Second Advisor

Professor Dr. Remigius Chibueze

Third Advisor

Dr. Gustave Lele

Abstract

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice system mute.

With the emergence of a new type of crimes taking place in cyberspace, there has been a logical need to enact new laws to protect the public using the added information and communication technologies (ICT). Over the past few years, multiple cyber-legislations have sprung-up all over Africa including in Cote d’Ivoire.

The fundamental question is to ask whether the enforcement of cybercrimes laws is more successful than the enforcement of traditional laws.

The problem of the enforceability of these cybercrime legislations is compounded by the very nature of cyberspace which is “borderless.” Faced with the complexity of those computer crimes taking place in the virtual space, do West-African countries in general and specifically Cote d’Ivoire have the infrastructure, the knowledge, and the workforce to efficiently investigate and prosecute cybercrimes?

This research tries to investigate, expose the theoretical inadequation between cybercrimes legislations and the enforcement capabilities of the Ivorian state, based on the deficiencies of enforcement of traditional laws and the need to stem the tide of corruption in general and specifically in the justice system.

This research uses the case-study method because case studies are in-depth investigations of a single person, group, event, or community. Our findings have confirmed our assumptions that the enforcement of cybercrime laws is flawed due to the lack of proper equipment, skills of law enforcement personnel, even though the country has put in place many agencies to fight against cybercrimes.

The social, cultural, political, and economical determinants that have always inhibited the fair and just enforcement of traditional laws is exerting the same kind of pressure on the capabilities of Law enforcement when it comes to the investigation and prosecution of cybercrimes in Cote d’Ivoire.

This research, far from being exhaustive, needs a follow-up research in the future when the country retrieves its past stability and social peace which will allow a more open cooperation between researchers and the different authorities leading the fight against cybercrimes.

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