Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p230
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 230/268)
Character Range: 955177–957893

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 in order to shield, favour, protect or impede military operations; and
 (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; 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.

268.43  War crime—improper use of a flag, insignia or uniform of the United Nations
  A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses a flag, insignia or uniform of the United Nations; and
 (b) the perpetrator uses the flag, insignia or uniform without the authority of the United Nations; and
 (c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; 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.

268.44  War crime—improper use of the distinctive emblems of the Geneva Conventions
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses an emblem; and
 (b) the emblem is one of the distinctive emblems of the Geneva Conventions; and
 (c) the perpetrator uses the emblem for combatant purposes to invite the confidence