Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p30
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 30/48)
Character Range: 77303–80055

part in the hostilities; and
 (e) 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
 (f) 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) 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.

268.76  War crime—sentencing or execution without due process

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator passes a sentence on 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) either of the following applies:
 (i) there was no previous judgment pronounced by a court;
 (ii) the court that rendered judgment did not afford the 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 10 years.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator executes 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) either of the following applies:
 (i) there was no previous judgment pronounced by a court;
 (ii) the court that rendered judgment did not afford the 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