Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p41
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 41/48)
Character Range: 104891–107714

the person or persons and of the recipient; and
 (f) the person or persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and
 (g) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

 (2) In subsection (1):

consent means consent given voluntarily and without any coercion or inducement.

268.97  War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator launches an attack against works or installations containing dangerous forces; and
 (b) the attack is such that it will cause loss of life, injury to civilians, or damage to civilian objects, to such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
 (c) the perpetrator knows that the attack will cause loss of life, injury to civilians, or damage to civilian objects, to such an extent; and
 (d) the attack results in death or serious injury to body or health; and
 (e) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.98  War crime—attacking undefended places or demilitarized zones

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks one or more towns, villages, dwellings, buildings or demilitarized zones; and
 (b) the towns, villages, dwellings or buildings are open for unresisted occupation; and
 (c) the attack results in death or serious injury to body or health; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.99  War crime—unjustifiable delay in the repatriation of prisoners of war or civilians

 (1) A person (the perpetrator) commits an offence if:
 (a) one or more persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and
 (b) the perpetrator unjustifiably delays the repatriation of the person or persons to the person's own country or the persons' own countries; and
 (c) the delay is in violation of Part IV of the Third Geneva Convention or Chapter XII of Section IV of Part III of the Fourth Geneva Convention.

Penalty: Imprisonment for 10 years.

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

268.100  War crime—apartheid

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act or is of a nature