Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p245
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 245/268)
Character Range: 992888–995552

the pain or suffering for the purpose of:
 (i) obtaining information or a confession; or
 (ii) a punishment, intimidation or coercion; or
 (iii) a reason based on discrimination of any kind; and
 (c) the person or persons are not taking an active part in the hostilities; and
 (d) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (e) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
 (a) a person or persons who are hors de combat; or
 (b) civilians, medical personnel or religious personnel who are not taking an active part in the hostilities.

268.74  War crime—outrages upon personal dignity
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons (whether or not the person or persons are alive); and
 (b) the person or persons are not taking an active part in the hostilities; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 17 years.
 (2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to a person or persons who:
 (a) are hors de combat; or
 (b) are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; or
 (c) are dead.

268.75  War crime—taking hostages
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator seizes, detains or otherwise holds hostage one or more persons; and
 (b) the perpetrator threatens to kill, injure or continue to detain the person or persons; and
 (c) the perpetrator intends to compel the government of a country, an international organisation or a person or group of persons to act or refrain from acting as an explicit or implicit condition for either the safety or the release of the person or persons; and
 (d) the person or persons are not taking an active part in the hostilities; and
 (e) the perpetrator knows of, or is reckless as to,