Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p224
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 224/268)
Character Range: 939622–942454

abduction occurred, and the refusal occurs, as part of a widespread or systematic attack directed against a civilian population; and
 (h) the perpetrator knows that the refusal is part of, or intends the refusal to be part of, such an attack.
Penalty: Imprisonment for 17 years.

268.22  Crime against humanity—apartheid
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act (as defined by the Dictionary) or an act that is of a nature and gravity similar to any such proscribed inhumane act; and
 (b) the perpetrator's conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act; and
 (d) the perpetrator intends to maintain the regime by the conduct; and
 (e) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty: Imprisonment for 17 years.

268.23  Crime against humanity—other inhumane act
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act; and
 (b) the act is of a character similar to another proscribed inhumane act as defined by the Dictionary; and
 (c) the perpetrator's conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty: Imprisonment for 25 years.

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

268.24  War crime—wilful killing
 (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 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 life.
 (2) Strict liability applies to paragraph (1)(b).

268.25  War crime—torture
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and
 (b) the perpetrator inflicts the pain or suffering for the purpose of:
 (i) obtaining information or a confession; or
 (ii) a punishment, intimidation or coercion; or
 (iii) a