Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p241
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 241/268)
Character Range: 983060–985813

national armed forces; and
 (b) the person or persons are under the age of 15 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.

Other armed forces and groups
 (4) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and
 (b) the person or persons are under the age of 18 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
 (5) A person (the perpetrator) commits an offence if:
 (a) the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and
 (b) the person or persons are under the age of 18 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
 (6) A person (the perpetrator) commits an offence if:
 (a) the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and
 (b) the person or persons are under the age of 18 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 10 years.

Subdivision F—War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict

268.69  Definition of religious personnel
  In this Subdivision:
religious personnel includes non‑confessional, non‑combatant military personnel carrying out a similar function to religious personnel.

268.70  War crime—murder
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes the death of one or more persons; and
 (b) the person or persons are neither taking an active part in the hostilities nor are members of an organised armed group; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are neither taking an active part in the hostilities nor are members of an organised armed group; 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 life.
 (1A) Subsection (1) does not apply if:
 (a) the death of the person or persons occurs in the course of, or as a result of, an attack on a military objective; and