Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p229
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 229/268)
Character Range: 952548–955409

the Geneva Conventions; 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.
 (3) Strict liability applies to paragraphs (1)(c) and (2)(c).

268.38  War crime—excessive incidental death, injury or damage
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator launches an attack; and
 (b) the perpetrator knows that the attack will cause incidental death or injury to civilians; and
 (c) the perpetrator knows that the death or injury will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator launches an attack; and
 (b) the perpetrator knows that the attack will cause:
 (i) damage to civilian objects; or
 (ii) widespread, long‑term and severe damage to the natural environment; and
 (c) the perpetrator knows that the damage will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 20 years.

268.39  War crime—attacking undefended places
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks or bombards one or more towns, villages, dwellings or buildings; and
 (b) the towns, villages, dwellings or buildings are open for unresisted occupation; and
 (c) the towns, villages, dwellings or buildings do not constitute military objectives; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.

268.40  War crime—killing or injuring a person who is hors de combat
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator kills one or more persons; and
 (b) the person or persons are hors de combat; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator injures one or more persons; and
 (b) the person or persons are hors de combat; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and
 (d) the perpetrator's conduct takes place in