Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p20
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 20/48)
Character Range: 52131–55032

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,