Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p231
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 231/268)
Character Range: 957646–960550

(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 of, or participates in, the deportation or transfer of all or parts of the population of territory occupied by the perpetrator's own country within or outside that territory; and
 (b) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.

268.46  War crime—attacking protected objects
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is any one or more of the following that are not military objectives:
 (i) buildings dedicated to religion, education, art, science or charitable purposes;
 (ii) historic monuments;
 (iii) hospitals or places where the sick and wounded are collected; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 20 years.
 (2) The definitions of charitable purpose in subsection 12(1) of the Charities Act 2013 and section 2B of the Acts Interpretation Act 1901 do not apply to this section.

268.47  War crime—mutilation
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and
 (b) the perpetrator's conduct causes the death of the person or persons; and
 (c) the conduct is neither justified by