A/AC.291/L.15 Article 4. Offences established in accordance with other United Nations conventions and protocols 1. In giving effect to other applicable United Nations conventions and protocols to which they are Parties, States Parties shall ensure that criminal offences established in accordance with such conventions and protocols are also considered criminal offences under domestic law when committed through the use of information and communications technology systems. 2. Nothing in this article shall be interpreted as establishing criminal offences in accordance with this Convention. Article 5. Protection of sovereignty [agreed ad referendum] 1. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States. 2. Nothing in this Convention shall entitle a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law. Article 6. Respect for human rights 1. States Parties shall ensure that the implementation of their obligations under this Convention is consistent with their obligations under international human rights law. 2. Nothing in this Convention shall be interpreted as permitting suppression of human rights or fundamental freedoms, including the rights related to the freedoms of expression, conscience, opinion, religion or belief, peaceful assembly and association, in accordance and in a manner consistent with applicable international human rights law. Chapter II Criminalization Article 7. Illegal access 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the access to the whole or any part of an information and communications technology system without right. [agreed ad referendum] 2. A State Party may require that the offence be committed by infringing security measures, with the intent of obtaining electronic data or other dishonest or criminal intent or in relation to an information and communications technology system that is connected to another information and communications technology system. Article 8. Illegal interception [agreed ad referendum] 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the interception, made by technical means, of non-public transmissions of electronic data to, from or within an information and communications technology system, including electromagnetic emissions from an information and communications technology system carrying such electronic data. 2. A State Party may require that the offence be committed with dishonest or criminal intent, or in relation to an information and communications technology system that is connected to another information and communications technology system. V.24-14137 5/41