Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p40
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 40/48)
Character Range: 102368–105114

destroys or seizes certain property; and
 (b) the property is property of an adversary; and
 (c) the property is protected from the destruction or seizure under article 14 of Protocol II to the Geneva Conventions; and
 (d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
 (e) the destruction or seizure is not justified by military necessity; and
 (f) 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 15 years

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

Subdivision H—War crimes that are grave breaches of Protocol I to the Geneva Conventions

268.95  War crime—medical procedure

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to a medical procedure; and
 (b) the procedure seriously endangers the physical or mental health, or the integrity, of the person or persons; and
 (c) the perpetrator's conduct is not justified by the state of health of the person or persons; and
 (d) the perpetrator knows that, or is reckless as to whether, the conduct is consistent with generally accepted medical standards that would be applied under similar medical circumstances to persons who are of the same nationality as the perpetrator and are in no way deprived of liberty; and
 (e) the person or persons are in the power of, or are interned, detained or otherwise deprived of liberty by, the country of the perpetrator as a result of an international armed conflict; and
 (f) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

268.96  War crime—removal of blood, tissue or organs for transplantation

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator removes from one or more persons blood, tissue or organs for transplantation; and
 (b) in the case of the removal of blood—the removal:
 (i) is not for transfusion; or
 (ii) is for transfusion without the consent of the person or persons; and
 (c) in the case of the removal of skin—the removal:
 (i) is not for grafting; or
 (ii) is for grafting without the consent of the person or persons; and
 (d) the intent of the removal is non‑therapeutic; and
 (e) the removal is not carried out under conditions consistent with generally accepted medical standards and controls designed for the benefit of 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;