Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p25
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 25/48)
Character Range: 64698–67593

is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.65  War crime—using protected persons as shields

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses the presence of one or more civilians, prisoners of war, military, medical or religious personnel or persons who are hors de combat; and
 (b) the perpetrator intends the perpetrator's conduct to render a military objective immune from attack or to shield, favour or impede military operations; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:
 (a) if the conduct results in the death of any of the persons referred to in paragraph (a)—imprisonment for life; or
 (b) otherwise—imprisonment for 17 years.

 (2) In this section:

religious personnel includes non‑confessional, non‑combatant military personnel carrying out a similar function to religious personnel.

268.66  War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks one or more persons; and
 (b) the person or persons are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator intends the persons so using such an emblem to be the object of the attack; 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 attacks one or more buildings, medical units or transports or other objects; and
 (b) the buildings, units or transports or other objects are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator intends the buildings, units or transports or other objects so using such an emblem to be the object of the attack; 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)(b) and (2)(b).

268.67  War crime—starvation as a method of warfare

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses as a method of warfare:
 (i) any intentional deprivation of civilians of objects indispensable to their survival; or
 (ii) without limiting subparagraph (i)—the wilful impeding of relief supplies for civilians; and
 (b) if subparagraph (a)(ii) applies—the relief supplies are provided for under the Geneva Conventions; and