Criminal Code Act 1995 (Australia, unsourced)/Chapter 8/268/E

=Subdivision E—Other serious war crimes that are committed in the course of an international armed conflict=

268.35 War crime—attacking civilians


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator directs an attack; and


 * (b) the object of the attack is a civilian population as such or individual civilians not taking direct part in hostilities; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.36 War crime—attacking civilian objects


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator directs an attack; and


 * (b) the object of the attack is not a military objective; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

268.37 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator directs an attack; and


 * (b) the object of the attack is personnel involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations; and


 * (c) the personnel are entitled to the protection given to civilians under the Geneva Conventions or Protocol I to the Geneva Conventions; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator directs an attack; and


 * (b) the object of the attack is installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations; and


 * (c) the installations, material, units or vehicles are entitled to the protection given to civilian objects under the Geneva Conventions or Protocol I to the Geneva Conventions; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 20 years.


 * (3) Strict liability applies to paragraphs (1)(c) and (2)(c).

268.38 War crime—excessive incidental death, injury or damage


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator launches an attack; and


 * (b) the perpetrator knows that the attack will cause incidental death or injury to civilians; and


 * (c) the perpetrator knows that the death or injury will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator launches an attack; and


 * (b) the perpetrator knows that the attack will cause:


 * (i) damage to civilian objects; or


 * (ii) widespread, long‑term and severe damage to the natural environment; and


 * (c) the perpetrator knows that the damage will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 20 years.

268.39 War crime—attacking undefended places


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator attacks or bombards one or more towns, villages, dwellings or buildings; and


 * (b) the towns, villages, dwellings or buildings are open for unresisted occupation; and


 * (c) the towns, villages, dwellings or buildings do not constitute military objectives; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.40 War crime—killing or injuring a person who is hors de combat


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator kills one or more persons; and


 * (b) the person or persons are hors de combat; and


 * (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator injures one or more persons; and


 * (b) the person or persons are hors de combat; and


 * (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

268.41 War crime—improper use of a flag of truce


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses a flag of truce; and


 * (b) the perpetrator uses the flag in order to feign an intention to negotiate when there is no such intention on the part of the perpetrator; and


 * (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag; and


 * (d) the perpetrator’s conduct results in death or serious personal injury; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.42 War crime—improper use of a flag, insignia or uniform of the adverse party


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses a flag, insignia or uniform of the adverse party; and


 * (b) the perpetrator uses the flag, insignia or uniform while engaged in an attack or in order to shield, favour, protect or impede military operations; and


 * (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and


 * (d) the perpetrator’s conduct results in death or serious personal injury; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.43 War crime—improper use of a flag, insignia or uniform of the United Nations


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses a flag, insignia or uniform of the United Nations; and


 * (b) the perpetrator uses the flag, insignia or uniform without the authority of the United Nations; and


 * (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and


 * (d) the perpetrator’s conduct results in death or serious personal injury; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.44 War crime—improper use of the distinctive emblems of the Geneva Conventions


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses an emblem; and


 * (b) the emblem is one of the distinctive emblems of the Geneva Conventions; and


 * (c) the perpetrator uses the emblem for combatant purposes to invite the confidence of an adversary in order to lead him or her to believe that the perpetrator is entitled to protection, or that the adversary is obliged to accord protection to the perpetrator, with intent to betray that confidence; and


 * (d) the perpetrator knows of, or is reckless as to, the illegal nature of such use; and


 * (e) the perpetrator’s conduct results in death or serious personal injury; and


 * (f) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) Strict liability applies to paragraph (1)(b).


 * (3) In this section:

emblem means any emblem, identity card, sign, signal, insignia or uniform.

268.45 War crime—transfer of population


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator:


 * (i) authorises, organises or directs, or participates in the authorisation, organisation or direction of, or participates in, the transfer, directly or indirectly, of parts of the civilian population of the perpetrator’s own country into territory that the country occupies; or


 * (ii) authorises, organises or directs, or participates in the authorisation, organisation or direction of, or participates in, the deportation or transfer of all or parts of the population of territory occupied by the perpetrator’s own country within or outside that territory; and


 * (b) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

268.46 War crime—attacking protected objects


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator directs an attack; and


 * (b) the object of the attack is any one or more of the following that are not military objectives:


 * (i) buildings dedicated to religion, education, art, science or charitable purposes;


 * (ii) historic monuments;


 * (iii) hospitals or places where the sick and wounded are collected; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 20 years.

268.47 War crime—mutilation


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and


 * (b) the perpetrator’s conduct causes the death of the person or persons; and


 * (c) the conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and


 * (d) the person or persons are in the power of an adverse party; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and


 * (b) the perpetrator’s conduct seriously endangers the physical or mental health, or the integrity, of the person or persons; and


 * (c) the conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and


 * (d) the person or persons are in the power of an adverse party; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

268.48 War crime—medical or scientific experiments


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator subjects one or more persons to a medical or scientific experiment; and


 * (b) the experiment causes the death of the person or persons; and


 * (c) the perpetrator’s conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and


 * (d) the person or persons are in the power of an adverse party; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator subjects one or more persons to a medical or scientific experiment; and


 * (b) the experiment seriously endangers the physical or mental health, or the integrity, of the person or persons; and


 * (c) the perpetrator’s conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and


 * (d) the person or persons are in the power of an adverse party; and


 * (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

268.49 War crime—treacherously killing or injuring


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and


 * (b) the perpetrator kills the person or persons; and


 * (c) the perpetrator makes use of that confidence or belief in killing the person or persons; and


 * (d) the person or persons belong to an adverse party; and


 * (e) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and


 * (b) the perpetrator injures the person or persons; and


 * (c) the perpetrator makes use of that confidence or belief in injuring the person or persons; and


 * (d) the person or persons belong to an adverse party; and


 * (e) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

268.50 War crime—denying quarter


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator declares or orders that there are to be no survivors; and


 * (b) the declaration or order is given with the intention of threatening an adversary or conducting hostilities on the basis that there are to be no survivors; and


 * (c) the perpetrator is in a position of effective command or control over the subordinate forces to which the declaration or order is directed; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.51 War crime—destroying or seizing the enemy’s property


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator destroys or seizes certain property; and


 * (b) the property is property of an adverse party; and


 * (c) the property is protected from the destruction or seizure under article 18 of the Third Geneva Convention, article 53 of the Fourth Geneva Convention or article 54 of Protocol I to the Geneva Conventions; and


 * (d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and


 * (e) the destruction or seizure is not justified by military necessity; and


 * (f) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.


 * (2) Strict liability applies to paragraph (1)(c).

268.52 War crime—depriving nationals of the adverse power of rights or actions


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator effects the abolition, suspension or termination of admissibility in a court of law of certain rights or actions; and


 * (b) the abolition, suspension or termination is directed at the nationals of an adverse party; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 10 years.

268.53 War crime—compelling participation in military operations


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator coerces one or more persons by act or threat to take part in military operations against that person’s or those persons’ own country or forces; and


 * (b) the person or persons are nationals of an adverse party; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 10 years.


 * (2) It is not a defence to a prosecution for an offence against subsection (1) that the person or persons were in the service of the perpetrator at a time before the beginning of the international armed conflict.

268.54 War crime—pillaging


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator appropriates certain property; and


 * (b) the perpetrator intends to deprive the owner of the property and to appropriate it for private or personal use; and


 * (c) the appropriation is without the consent of the owner; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

268.55 War crime—employing poison or poisoned weapons


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator employs a substance or employs a weapon that releases a substance as a result of its employment; and


 * (b) the substance is such that it causes death or serious damage to health in the ordinary course of events through its toxic properties; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

268.56 War crime—employing prohibited gases, liquids, materials or devices


 * A person (the perpetrator) commits an offence if:


 * (a) the perpetrator employs a gas or other analogous substance or device; and


 * (b) the gas, substance or device is such that it causes death or serious damage to health in the ordinary course of events through its asphyxiating or toxic properties; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

268.57 War crime—employing prohibited bullets


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator employs certain bullets; and


 * (b) the bullets are such that their use violates the Hague Declaration because they expand or flatten easily in the human body; and


 * (c) the perpetrator knows that, or is reckless as to whether, the nature of the bullets is such that their employment will uselessly aggravate suffering or the wounding effect; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) Strict liability applies to paragraph (1)(b).

268.58 War crime—outrages upon personal dignity


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons; and


 * (b) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of the body or bodies of one or more dead persons; and


 * (b) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

268.59 War crime—rape


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator sexually penetrates another person without the consent of that person; and


 * (b) the perpetrator knows about, or is reckless as to, the lack of consent; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and


 * (b) the perpetrator knows about, or is reckless as to, the lack of consent; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (3) In this section:

consent means free and voluntary agreement.

The following are examples of circumstances in which a person does not consent to an act:

(a)          the person submits to the act because of force or the fear of force to the person or to someone else;

(b)          the person submits to the act because the person is unlawfully detained;

(c)          the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d)          the person is incapable of understanding the essential nature of the act;

(e)          the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f)           the person submits to the act because of psychological oppression or abuse of power;

(g)          the person submits to the act because of the perpetrator taking advantage of a coercive environment.


 * (4) In this section:

sexually penetrate means:


 * (a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or


 * (b) penetrate (to any extent) the mouth of a person by the penis of another person; or


 * (c) continue to sexually penetrate as defined in paragraph (a) or (b).


 * (5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.


 * (6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

268.60 War crime—sexual slavery


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator causes another person to enter into or remain in sexual slavery; and


 * (b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:


 * (a) is not free to cease providing sexual services; or


 * (b) is not free to leave the place or area where the person provides sexual services.


 * (3) In this section:

sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.

threat means:


 * (a) a threat of force; or


 * (b) a threat to cause a person’s deportation; or


 * (c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.

268.61 War crime—enforced prostitution


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and


 * (b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) In subsection (1):

consent means free and voluntary agreement.

The following are examples of circumstances in which a person does not consent to an act:

(a)          the person submits to the act because of force or the fear of force to the person or to someone else;

(b)          the person submits to the act because the person is unlawfully detained;

(c)          the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d)          the person is incapable of understanding the essential nature of the act;

(e)          the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f)           the person submits to the act because of psychological oppression or abuse of power;

(g)          the person submits to the act because of the perpetrator taking advantage of a coercive environment.

threat of force or coercion includes:


 * (a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or


 * (b) taking advantage of a coercive environment.


 * (3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.62 War crime—forced pregnancy


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and


 * (b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) In subsection (1):

forcibly made pregnant includes made pregnant by a consent that was effected by deception or by natural, induced or age‑related incapacity.


 * (3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.

268.63 War crime—enforced sterilisation


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator deprives one or more persons of biological reproductive capacity; and


 * (b) the deprivation is not effected by a birth‑control measure that has a non‑permanent effect in practice; and


 * (c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) In subsection (1):

consent does not include consent effected by deception or by natural, induced or age‑related incapacity.

268.64 War crime—sexual violence


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator does either of the following:


 * (i) commits an act or acts of a sexual nature against one or more persons;


 * (ii) causes one or more persons to engage in an act or acts of a sexual nature;


 * without the consent of the person or persons, including by being reckless as to whether there is consent; and


 * (b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 268.59 to 268.63; and


 * (c) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) Strict liability applies to paragraph (1)(b).


 * (3) In subsection (1):

consent means free and voluntary agreement.

The following are examples of circumstances in which a person does not consent to an act:

(a)          the person submits to the act because of force or the fear of force to the person or to someone else;

(b)          the person submits to the act because the person is unlawfully detained;

(c)          the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

(d)          the person is incapable of understanding the essential nature of the act;

(e)          the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

(f)           the person submits to the act because of psychological oppression or abuse of power;

(g)          the person submits to the act because of the perpetrator taking advantage of a coercive environment.

threat of force or coercion includes:


 * (a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or


 * (b) taking advantage of a coercive environment.


 * (4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.65 War crime—using protected persons as shields


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses the presence of one or more civilians, prisoners of war, military, medical or religious personnel or persons who are hors de combat; and


 * (b) the perpetrator intends the perpetrator’s conduct to render a military objective immune from attack or to shield, favour or impede military operations; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:


 * (a) if the conduct results in the death of any of the persons referred to in paragraph (a)—imprisonment for life; or


 * (b) otherwise—imprisonment for 17 years.


 * (2) In this section:

religious personnel includes non‑confessional, non‑combatant military personnel carrying out a similar function to religious personnel.

268.66 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator attacks one or more persons; and


 * (b) the person or persons are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and


 * (c) the perpetrator intends the persons so using such an emblem to be the object of the attack; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator attacks one or more buildings, medical units or transports or other objects; and


 * (b) the buildings, units or transports or other objects are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and


 * (c) the perpetrator intends the buildings, units or transports or other objects so using such an emblem to be the object of the attack; and


 * (d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 20 years.


 * (3) Strict liability applies to paragraphs (1)(b) and (2)(b).

268.67 War crime—starvation as a method of warfare


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses as a method of warfare:


 * (i) any intentional deprivation of civilians of objects indispensable to their survival; or


 * (ii) without limiting subparagraph (i)—the wilful impeding of relief supplies for civilians; and


 * (b) if subparagraph (a)(ii) applies—the relief supplies are provided for under the Geneva Conventions; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.


 * (2) Strict liability applies to paragraph (1)(b).

268.68 War crime—using, conscripting or enlisting children


 * (1) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator uses one or more persons to participate actively in hostilities; and


 * (b) the person or persons are under the age of 15 years; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.


 * (2) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator conscripts one or more persons into the national armed forces; and


 * (b) the person or persons are under the age of 15 years; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.


 * (3) A person (the perpetrator) commits an offence if:


 * (a) the perpetrator enlists one or more persons into the national armed forces; and


 * (b) the person or persons are under the age of 15 years; and


 * (c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 10 years.