Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p42
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 42/48)
Character Range: 107465–110313

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

268.100  War crime—apartheid

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act or is of a nature and gravity similar to any proscribed inhumane act; and
 (b) the perpetrator knows of, or is reckless at to, the factual circumstances that establish the character of the act; and
 (c) the perpetrator's conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and
 (d) the perpetrator intends to maintain the regime by the conduct; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

268.101  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 used in support of the military effort and are not located in the immediate proximity of military objectives:
 (i) clearly recognised historic monuments;
 (ii) works of art;
 (iii) places of worship; and
 (c) the monuments, works of art and places of worship constitute the cultural or spiritual heritage of peoples and have been given special protection by special arrangement (for example, within the framework of a competent international organisation); 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.

Subdivision J—Crimes against the administration of the justice of the International Criminal Court

268.102  Perjury

 (1) A person commits the offence of perjury if:
 (a) the person makes a sworn statement in or for the purposes of a proceeding before the International Criminal Court; and
 (b) the statement is false.

Penalty: Imprisonment for 10 years.

 (2) A person who is an interpreter commits the offence of perjury if:
 (a) the person, by a sworn statement, gives an interpretation of a statement or other thing in or for the purposes of a proceeding before the International Criminal Court; and
 (b) the interpretation is false or misleading.

Penalty: Imprisonment for 10 years.

268.103  Falsifying evidence

 (1) A person commits an offence if the person makes false evidence with the intention of:
 (a) influencing a decision on the institution of a proceeding before the International Criminal Court; or
 (b) influencing the outcome of such a proceeding.

Penalty: Imprisonment for 7 years.

 (2) A person commits an offence if the person:
 (a) uses evidence that is false evidence and that the person believes is false evidence; and
 (b) is reckless