Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p27
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 27/48)
Character Range: 69969–72671

life.

 (2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
 (a) a person or persons who are hors de combat; or
 (b) civilians, medical personnel or religious personnel who are not taking an active part in the hostilities.

268.71  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 not taking an active part in the hostilities; and
 (e) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (f) the conduct takes place in the context of, and is associated with, an armed conflict that is not 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 not taking an active part in the hostilities; and
 (e) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (f) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.

 (3) To avoid doubt, a reference in subsection (1) or (2) to a person or persons who are not taking an active part in the hostilities includes a reference to:
 (a) a person or persons who are hors de combat; or
 (b) civilians, medical personnel or religious personnel who are not taking an active part in the hostilities.

268.72  War crime—cruel treatment

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