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Part Two. Article 5 361Rolling text (A/AC.254/4/Add.3/Rev.3)“Article 3“Obligation to criminalize 2“1. Each State Party shall adopt such measures as may be necessary to establishas criminal offences under its domestic law the conduct set forth in [paragraph 2][paragraphs 2 and 3] of article 2 and shall impose penalties that take into accountthe grave nature of those offences.“2. Each State Party shall also adopt such measures as may be necessary toestablish as criminal offences under its domestic law the following conduct and shallimpose penalties that take into account the grave nature of those offences:“(a) Attempting to commit an offence set forth in [paragraph 2] [paragraphs 2and 3] of article 2;“(b) Participating as an accomplice in the commission of an offence set forthin [paragraph 2] [paragraphs 2 and 3] of article 2;“(c) Organizing or directing others to commit an offence set forth in [paragraph2] [paragraphs 2 and 3] of article 2; or“(d) In any other way contributing to the commission, by a group of personsacting with a common purpose, of an offence set forth in [paragraph 2] [paragraphs 2and 3] of article 2; such contribution shall be intentional and shall either be madewith the aim of furthering the general criminal activity or criminal purpose of thegroup or be made in the knowledge of the intention of the group to commit theoffence concerned.“3. The knowledge, intent or purpose required to commit an offence set forthin [paragraph 2] [paragraphs 2 and 3] of article 2 or in paragraph 2 of this articlemay be inferred from objective factual circumstances.” 3Notes by the Secretariat2. At the fourth session of the Ad Hoc Committee, the Special Rapporteur on violenceagainst women, its causes and consequences proposed that paragraph 1 should makereference not only to the adoption, but also to the enforcement of legislative measures inorder to provide a safeguard against lax enforcement or non-enforcement of domestic antitraffickinglegislation. The Special Rapporteur also suggested the inclusion of a provisionfor charging traffickers with the crimes they committed in the course of trafficking, as wellas a provision explicitly criminalizing State agents who actively or passively participatedin the crime of trafficking (see A/AC.254/CRP.13). The International Labour Organizationproposed that article 3 should include a provision so that traffickers could be prosecutedwhatever the country from which they exercised their activities, on the basis of article 5of the ILO Migrant Workers (Supplementary Provisions) Convention of 1975 (seeA/AC.254/CRP.14).2At the fourth session of the Ad Hoc Committee, several delegations suggested that this article should be consistentwith the relevant articles of the draft convention and the draft migrants protocol.3At the fourth session of the Ad Hoc Committee, some delegations suggested that this subparagraph should be deleted,while others stated that it should be retained as the wording was used in the United Nations Convention against Illicit Trafficin Narcotic Drugs and Psychotropic Substances of 1988.