A/AC.291/L.15
Preamble
The States Parties to the present Convention,
Bearing in mind the purposes and principles of the Charter of the United
Nations, [agreed ad referendum]
Noting that information and communications technologies, while having
enormous potential for the development of societies, create new opportunities for
perpetrators, may contribute to the increase in the rate and diversity of criminal
activities, and may have an adverse impact on States, enterprises and the well-being
of individuals and society as a whole, [agreed ad referendum]
Concerned that the use of information and communications technology systems
can have a considerable impact on the scale, speed and scope of criminal offences,
including offences related to terrorism and transnational organized crime, such as
trafficking in persons, the smuggling of migrants, the illicit manufacturing of and
trafficking in firearms, their parts, components and ammunition, drug trafficking and
trafficking in cultural property,
Convinced of the need to pursue, as a matter of priority, a global criminal justice
policy aimed at the protection of society against cybercrime by, inter alia, adopting
appropriate legislation, establishing common offences and procedural powers and
fostering international cooperation to prevent and combat such activities more
effectively at the national, regional and international levels,
Determined to deny safe havens to those who engage in cybercrime by
prosecuting these crimes wherever they occur, [agreed ad referendum]
Stressing the need to enhance coordination and cooperation among States by,
inter alia, providing technical assistance and capacity-building, including the transfer
of technology on mutually agreed terms, to countries, in particular developing
countries, upon their request, to improve national legislation and frameworks and
enhance the capacity of national authorities to deal with cybercrime in all its forms,
including its prevention, detection, investigation and prosecution, and emphasizing in
this context the role that the United Nations plays,
Recognizing the increasing number of victims of cybercrime, the importance of
obtaining justice for those victims and the necessity to address the needs of persons
in vulnerable situations in measures taken to prevent and combat the offences covered
by this Convention, [agreed ad referendum]
Determined to prevent, detect and suppress more effectively international
transfers of property obtained as a result of cybercrime and to strengthen international
cooperation in the recovery and return of proceeds of the crimes established in
accordance with this Convention,
Bearing in mind that preventing and combating cybercrime is a responsibility of
all States and that they must cooperate with one another, with the support and
involvement of relevant international and regional organizations, as well as non governmental organizations, civil society organizations, academic institutions and
private sector entities, if their efforts in this area are to be effective,
Recognizing the importance of mainstreaming a gender perspective in all
relevant efforts to prevent and combat the offences covered by this Convention, in
accordance with domestic law,
Mindful of the need to achieve law enforcement objectives and to ensure respect
for human rights and fundamental freedoms as enshrined in applicable international
and regional instruments,
Acknowledging the right to protection against arbitrary or unlawful interference
with one’s privacy, and the importance of protecting personal data,
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