Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p31
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 31/48)
Character Range: 79795–82624

essential guarantees of independence and impartiality or other judicial guarantees; and
 (e) if the court did not afford other judicial guarantees—those guarantees are guarantees set out in articles 14, 15 and 16 of the Covenant; and
 (f) the perpetrator knows of:
 (i) if subparagraph (d)(i) applies—the absence of a previous judgment; or
 (ii) if subparagraph (d)(ii) applies—the failure to afford the relevant guarantees and the fact that they are indispensable to a fair trial; and
 (g) 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 life.

 (3) Strict liability applies to paragraphs (1)(e) and (2)(e).

 (4) 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.

Subdivision G—War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict

268.77  War crime—attacking civilians

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is a civilian population as such or individual civilians not taking direct part in hostilities; 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 life.

268.78  War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks one or more persons; and
 (b) the person or persons are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator intends the persons so using such an emblem to be the object of the attack; 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 life.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks one or more buildings, medical units or transports or other objects; and
 (b) the buildings, units or transports or other objects are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator intends the buildings, units or transports or other objects so using such an emblem to