Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p258
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 258/268)
Character Range: 1025291–1028145

context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.

268.98  War crime—attacking undefended places or demilitarized zones
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks one or more towns, villages, dwellings, buildings or demilitarized zones; and
 (b) the towns, villages, dwellings or buildings are open for unresisted occupation; and
 (c) the attack results in death or serious injury to body or health; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.

268.99  War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
 (1) A person (the perpetrator) commits an offence if:
 (a) one or more persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and
 (b) the perpetrator unjustifiably delays the repatriation of the person or persons to the person's own country or the persons' own countries; and
 (c) the delay is in violation of Part IV of the Third Geneva Convention or Chapter XII of Section IV of Part III of the Fourth Geneva Convention.
Penalty: Imprisonment for 10 years.
 (2) Strict liability applies to paragraph (1)(c).

268.100  War crime—apartheid
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act or is of a nature and gravity similar to any proscribed inhumane act; and
 (b) the perpetrator knows of, or is reckless at to, the factual circumstances that establish the character of the act; and
 (c) the perpetrator's conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and
 (d) the perpetrator intends to maintain the regime by the conduct; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.

268.101  War crime—attacking protected objects
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is any one or more of the following that are not used in support of the military effort and are not located in the immediate proximity of military objectives:
 (i) clearly recognised historic monuments;
 (ii) works of art;
 (iii) places of worship; and
 (c) the monuments, works of art and places of worship constitute the cultural or spiritual heritage of peoples and have been given special protection by special arrangement (for example, within the framework of a competent international organisation); and
 (d) the perpetrator's conduct takes