Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p1
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/48)
Character Range: 3180–6091

2  The Schedule to the Criminal Code (before Division 270)
Insert:

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision A—Introductory

268.1  Purpose of Division

 (1) The purpose of this Division is to create certain offences that are of international concern and certain related offences.

 (2) It is the Parliament's intention that the jurisdiction of the International Criminal Court is to be complementary to the jurisdiction of Australia with respect to offences in this Division that are also crimes within the jurisdiction of that Court.

 (3) Accordingly, the International Criminal Court Act 2002 does not affect the primacy of Australia's right to exercise its jurisdiction with respect to offences created by this Division that are also crimes within the jurisdiction of the International Criminal Court.

268.2  Outline of offences

 (1) Subdivision B creates offences each of which is called genocide.

 (2) Subdivision C creates offences each of which is called a crime against humanity.

 (3) Subdivisions D, E, F, G and H create offences each of which is called a war crime.

 (4) Subdivision J creates offences each of which is called a crime against the administration of the justice of the International Criminal Court.

Subdivision B—Genocide

268.3  Genocide by killing

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes the death of one or more persons; and
 (b) the person or persons belong to a particular national, ethnical, racial or religious group; and
 (c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

Penalty: Imprisonment for life.

268.4  Genocide by causing serious bodily or mental harm

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes serious bodily or mental harm to one or more persons; and
 (b) the person or persons belong to a particular national, ethnical, racial or religious group; and
 (c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

Penalty: Imprisonment for life.

 (2) In subsection (1):

causes serious bodily or mental harm includes, but is not restricted to, commits acts of torture, rape, sexual violence or inhuman or degrading treatment.

268.5  Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator inflicts certain conditions of life upon one or more persons; and
 (b) the person or persons belong to a particular national, ethnical, racial or religious group; and
 (c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such; and
 (d) the