Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p29
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 29/48)
Character Range: 74905–77547

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) A person (the perpetrator) commits an offence if:
 (a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of the body or bodies of one or more dead persons; and
 (b) the dead person or dead persons were not, before his, her or their death, taking an active part in the hostilities; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the dead person or dead persons were not, before his, her or their death, 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.

 (3) To avoid doubt, a reference in this section to a person or persons who are not, or a dead person or dead persons who were not before his, her or their death, taking an active part in the hostilities includes a reference to:
 (a) a person or persons who:
 (i) are hors de combat; or
 (ii) are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; or
 (b) a dead person or dead persons who, before his, her or their death:
 (i) were hors de combat; or
 (ii) were civilians, medical personnel or religious personnel who were not taking an active part in the hostilities;
as the case may be.

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, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (f) the perpetrator's conduct takes place