Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p226
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 226/268)
Character Range: 944796–947571

physical or mental pain or suffering to, or serious injury to body or health of, one or more persons; and
 (b) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) Strict liability applies to paragraph (1)(b).

268.29  War crime—destruction and appropriation of property
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator destroys or appropriates property; and
 (b) the destruction or appropriation is not justified by military necessity; and
 (c) the destruction or appropriation is extensive and carried out unlawfully and wantonly; and
 (d) the property is protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
 (e) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
 (f) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
 (2) Strict liability applies to paragraph (1)(d).

268.30  War crime—compelling service in hostile forces
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator coerces one or more persons, by act or threat:
 (i) to take part in military operations against that person's or those persons' own country or forces; or
 (ii) otherwise to serve in the forces of an adverse power; and
 (b) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
 (2) Strict liability applies to paragraph (1)(b).

268.31  War crime—denying a fair trial
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and
 (b) the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; and
 (c) the person or persons are protected under one or more of the Geneva Conventions or under Protocol