Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p15
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 15/48)
Character Range: 39276–42064

of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
 (d) 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 20 years.

268.39  War crime—attacking undefended places

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator attacks or bombards one or more towns, villages, dwellings or buildings; and
 (b) the towns, villages, dwellings or buildings are open for unresisted occupation; and
 (c) the towns, villages, dwellings or buildings do not constitute military objectives; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.40  War crime—killing or injuring a person who is hors de combat

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator kills one or more persons; and
 (b) the person or persons are hors de combat; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator injures one or more persons; and
 (b) the person or persons are hors de combat; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and
 (d) 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 25 years.

268.41  War crime—improper use of a flag of truce

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses a flag of truce; and
 (b) the perpetrator uses the flag in order to feign an intention to negotiate when there is no such intention on the part of the perpetrator; and
 (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag; and
 (d) the perpetrator's conduct results in death or serious personal injury; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.42  War crime—improper use of a flag, insignia or uniform of the adverse party

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses a flag, insignia or uniform of the adverse party; and
 (b) the perpetrator uses the flag, insignia or uniform while engaged in an attack or