Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p11
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 11/48)
Character Range: 28843–31724

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 25 years.

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

268.27  War crime—biological experiments

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to a particular biological experiment; and
 (b) the experiment seriously endangers the physical or mental health or integrity of the person or persons; and
 (c) the perpetrator's conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and
 (d) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
 (e) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
 (f) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

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

268.28  War crime—wilfully causing great suffering

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes great physical or mental pain or suffering to, or serious injury to body or health 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 25 years.

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

268.29  War crime—destruction and appropriation of property

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator destroys or appropriates property; and
 (b) the destruction or appropriation is not justified by military necessity; and
 (c) the destruction or appropriation is extensive and carried out unlawfully and wantonly; and
 (d) the property is protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
 (e) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and
 (f) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

 (2) Strict liability applies