Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p16
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 16/48)
Character Range: 41828–44668

the adverse party

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses a flag, insignia or uniform of the adverse party; and
 (b) the perpetrator uses the flag, insignia or uniform while engaged in an attack or in order to shield, favour, protect or impede military operations; and
 (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and
 (d) the perpetrator's conduct results in death or serious personal injury; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.43  War crime—improper use of a flag, insignia or uniform of the United Nations

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses a flag, insignia or uniform of the United Nations; and
 (b) the perpetrator uses the flag, insignia or uniform without the authority of the United Nations; and
 (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and
 (d) the perpetrator's conduct results in death or serious personal injury; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.44  War crime—improper use of the distinctive emblems of the Geneva Conventions

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses an emblem; and
 (b) the emblem is one of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator uses the emblem for combatant purposes to invite the confidence of an adversary in order to lead him or her to believe that the perpetrator is entitled to protection, or that the adversary is obliged to accord protection to the perpetrator, with intent to betray that confidence; and
 (d) the perpetrator knows of, or is reckless as to, the illegal nature of such use; and
 (e) the perpetrator's conduct results in death or serious personal injury; and
 (f) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

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

 (3) In this section:

emblem means any emblem, identity card, sign, signal, insignia or uniform.

268.45  War crime—transfer of population

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator:
 (i) authorises, organises or directs, or participates in the authorisation, organisation or direction of, or participates in, the transfer, directly or indirectly, of parts of the civilian population of the perpetrator's own country into territory that the country occupies; or
 (ii) authorises, organises or directs, or participates in the authorisation, organisation or direction