Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p37
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 37/48)
Character Range: 94868–97588

thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.88  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 knows that, or is reckless as to whether, the person or persons are under that age; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not 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 an armed force or group; and
 (b) the person or persons are under the age of 15 years; and
 (c) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not 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 an armed force or group; and
 (b) the person or persons are under the age of 15 years; and
 (c) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

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

268.89  War crime—displacing civilians

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator orders a displacement of a civilian population; and
 (b) the order is not justified by the security of the civilians involved or by imperative military necessity; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 17 years.

268.90  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