Document ID: chunk:federal_register_of_legislation:C2018C00198:section:7
Version: federal_register_of_legislation:C2018C00198
Segment Type: section
Provision Reference: s 7
Character Range: 8041–9381

7  War crimes
 (1) A serious crime is a war crime if it was committed:
 (a) in the course of hostilities in a war;
 (b) in the course of an occupation;
 (c) in pursuing a policy associated with the conduct of a war or with an occupation; or
 (d) on behalf of, or in the interests of, a power conducting a war or engaged in an occupation.
 (2) For the purposes of subsection (1), a serious crime was not committed:
 (a) in the course of hostilities in a war; or
 (b) in the course of an occupation;
  merely because the serious crime had with the hostilities or occupation a connection (whether in time, in time and place, or otherwise) that was only incidental or remote.
 (3) A serious crime is a war crime if it was:
 (a) committed:
 (i) in the course of political, racial or religious persecution; or
 (ii) with intent to destroy in whole or in part a national, ethnic, racial or religious group, as such; and
 (b) committed in the territory of a country when the country was involved in a war or when territory of the country was subject to an occupation.
 (4) Two or more serious crimes together constitute a war crime if:
 (a) they are of the same or a similar character;
 (b) they form, or are part of, a single transaction or event; and
 (c) each of them is also a war crime by virtue of either or both of subsections (1) and (3).