Page 50 pretext for any of these offenses, or against a group of persons distinguishable by any of these characteristics. Article III – 22: Each Member State of the African Union shall take the legislative measures required to set up as a penal offense the deliberate fact of denying, approving or justifying acts of genocide or crimes against humanity by means of a computer system. Article III – 23: Each Member State of African Union shall take the legislative measures required to ensure that, in case conviction, the tribunal gives a ruling for confiscation of the materials, equipment, tools, computer programmes and all devices or data belonging to the convicted person and used to commit the offenses. Section III: Offenses relating to electronic message security measures Article III – 23 – 1: Laws against cyber crime Each Member State shall adopt such legislative measures as it deems effective, to define material criminal offenses as acts which affect the confidentiality, integrity, availability and survivability of ICT systems and related infrastructure networks; as well as procedural measures deemed effective for the arrest and prosecution of offenders. Member States shall be called upon to take on board, where necessary, the approved language choice in international cyber crime legislation models such as the language choice adopted by the Council of Europe and the Commonwealth of Nations. Article III – 23 – 2: Each Member State of the African Union shall take the legislative measures required to ensure that written electronic matter in respect of criminal matters are admissible to establish offenses under criminal law, provided such written matter has been presented during debate and discussed before the judge, that the person from which the written material emanates can be duly identified and the said material has been prepared and conserved under conditions likely to guarantee their integrity. AU Draft0 010111