Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p10
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 10/48)
Character Range: 26241–29078

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 reason based on discrimination of any kind; 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 25 years.

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

268.26  War crime—inhumane treatment

 (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 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