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necessary requirements for legally remaining in the State by the means mentioned in subparagraph(b)of this paragraph or any other illegal means 2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences (a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article (b) Participating as an accomplice in an offence established in accordance with paragraph I(a),(b)(i)or(c)of this article and, subject the basic concepts of its legal system, participating as an accomplice in offence established in accordance with paragraph l(b)(ii)of this article (c) Organizing or directing other persons to commit an offence established in accordance with paragraph l of this article 3. Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1(a),(b)(i)and(c) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2(b) and (c)of this article. circumstances (a) That endanger, or are likely to endanger, the lives or safety of the migrants concerned (b) That entail inhuman or degrading treatment, including for exploitation, of such migrants Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law Il Smuggling of migrants by sea Article 7 Cooperation States Parties shall cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea article 8 Measures against the smuggling of migrants by sea A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the– 4 – necessary requirements for legally remaining in the State by the means mentioned in subparagraph (b) of this paragraph or any other illegal means. 2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences: (a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article; (b) Participating as an accomplice in an offence established in accordance with paragraph 1 (a), (b) (i) or (c) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offence established in accordance with paragraph 1 (b) (ii) of this article; (c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article. 3. Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1 (a), (b) (i) and (c) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2 (b) and (c) of this article, circumstances: (a) That endanger, or are likely to endanger, the lives or safety of the migrants concerned; or (b) That entail inhuman or degrading treatment, including for exploitation, of such migrants. 4. Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law. II. Smuggling of migrants by sea Article 7 Cooperation States Parties shall cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea. Article 8 Measures against the smuggling of migrants by sea 1. A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the
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