5.9.7 Crimes against Humanity
A. Intentionally denying, approving or justifying acts or crimes against humanity by means of a
computer system
Any intentional act to deny, approve or justify acts of genocide or crimes against humanity by means of a
computer system.
B. Aggravating Circumstances
Under this policy, the use of ICTs to commit common law offences such as theft, fraud, possession of
stolen goods, breach of trust, extortion, terrorism, and money laundering or the commission of organized
crimes shall constitute an aggravating circumstance.
C. Violations against computer data-related property
Under this policy, any person who violates the property of another person, particularly computer data,
through theft, fraud, possession of stolen goods, breach of trust, extortion, and blackmail commits an
offence.
D. Media offence committed through the Internet network
Media offences committed through the Internet network shall be subjected to the penal provisions of this
Directive.
5.9.8 New intangible Media and National Defense
Under this Directive, the use of new intangible media, such as "digital data" or "computerized files"
which are kept secret in the interest of national defense shall not constitute an offence.
A. Criminal liability of Corporate Bodies other than Public Entities
Any corporate body, excluding the State, local authorities and public establishments, can be held liable
for any of the offences described in this Directive that are committed for their benefit by their
representatives. Such liability shall not exclude the liability of individuals who commit such acts or abet
the commission of such acts.
B. Confiscation
In the event of conviction, the court may decide that materials, equipment, instruments, computer
program or data, as well as proceeds from an offence and belonging to the convicted person be
confiscated.
C. Effective, proportionate and dissuasive criminal penalties
The offences stipulated under this policy shall be punishable under the criminal jurisdictions of
ECOWAS. Sanctions shall be proportionate and dissuasive.
D. Maximum term of imprisonment
The offences set out in this policy shall be punishable by a maximum prison sentence not exceeding or
below the sentence provided in respect of crimes or offences committed within ECOWAS. Include local
laws
E. Search or access to a computer system
The examining magistrate may carry out searches or effect seizures or have access to any computer
system in order to establish the truth. However, where seizure of the electronic medium is undesirable,
the data required to understand it shall be copied on a computer data storage medium and sealed. Where
the exigencies of information so require, and where there is reason to believe that computerized data
recorded in a computer system can be lost, the examining magistrate shall order any individual to keep
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