Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p28
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 28/48)
Character Range: 72413–75132

persons who are hors de combat; or
 (b) civilians, medical personnel or religious personnel who are not taking an active part in the hostilities.

268.72  War crime—cruel treatment

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and
 (b) the person or persons are not taking an active part in the hostilities; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; 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 25 years.

 (2) To avoid doubt, a reference in subsection (1) 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.

268.73  War crime—torture

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and
 (b) the perpetrator inflicts the pain or suffering for the purpose of:
 (i) obtaining information or a confession; or
 (ii) a punishment, intimidation or coercion; or
 (iii) a reason based on discrimination of any kind; and
 (c) the person or persons are not taking an active part in the hostilities; and
 (d) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (e) 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 25 years.

 (2) To avoid doubt, a reference in subsection (1) 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.

268.74  War crime—outrages upon personal dignity

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons; and
 (b) the person or persons are not taking an active part in the hostilities; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in