Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p19
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 19/48)
Character Range: 49526–52372

or persons; and
 (c) the perpetrator makes use of that confidence or belief in injuring the person or persons; and
 (d) the person or persons belong to an adverse party; and
 (e) 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 25 years.

268.50  War crime—denying quarter

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator declares or orders that there are to be no survivors; and
 (b) the declaration or order is given with the intention of threatening an adversary or conducting hostilities on the basis that there are to be no survivors; and
 (c) the perpetrator is in a position of effective command or control over the subordinate forces to which the declaration or order is directed; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.51  War crime—destroying or seizing the enemy's property

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator destroys or seizes certain property; and
 (b) the property is property of an adverse party; and
 (c) the property is protected from the destruction or seizure under article 18 of the Third Geneva Convention, article 53 of the Fourth Geneva Convention or article 54 of Protocol I to the Geneva Conventions; and
 (d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
 (e) the destruction or seizure is not justified by military necessity; and
 (f) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

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

268.52  War crime—depriving nationals of the adverse power of rights or actions

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator effects the abolition, suspension or termination of admissibility in a court of law of certain rights or actions; and
 (b) the abolition, suspension or termination is directed at the nationals of an adverse party; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 10 years.

268.53  War crime—compelling participation in military operations

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator coerces one or more persons by act or threat to take part in military operations against that person's or those persons' own country or forces; and
 (b) the person or persons are nationals of an adverse party; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an