Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p227
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 227/268)
Character Range: 947351–950126

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 I to the Geneva Conventions; and
 (d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
 (e) 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:
 (a) the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b); and
 (b) paragraphs (1)(b) and (c).

268.32  War crime—unlawful deportation or transfer
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator unlawfully deports or transfers one or more persons to another country or to another location; 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 17 years.
 (2) Strict liability applies to paragraph (1)(b).

268.33  War crime—unlawful confinement
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator unlawfully confines or continues to confine one or more persons to a certain location; 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 17 years.
 (2) Strict liability applies to paragraph (1)(b).

268.34  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 protected under one or more of the