Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p14
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 14/48)
Character Range: 36590–39521

conflict.

Penalty: Imprisonment for life.

268.36  War crime—attacking civilian objects

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is not a military objective; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

268.37  War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is personnel involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations; and
 (c) the personnel are entitled to the protection given to civilians under the Geneva Conventions or Protocol I to the Geneva Conventions; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations; and
 (c) the installations, material, units or vehicles are entitled to the protection given to civilian objects under the Geneva Conventions or Protocol I to the Geneva Conventions; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 20 years.

 (3) Strict liability applies to paragraphs (1)(c) and (2)(c).

268.38  War crime—excessive incidental death, injury or damage

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator launches an attack; and
 (b) the perpetrator knows that the attack will cause incidental death or injury to civilians; and
 (c) the perpetrator knows that the death or injury will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator launches an attack; and
 (b) the perpetrator knows that the attack will cause:
 (i) damage to civilian objects; or
 (ii) widespread, long‑term and severe damage to the natural environment; and
 (c) the perpetrator knows that the damage will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a