Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p13
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 13/48)
Character Range: 33998–36862

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 17 years.

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

268.33  War crime—unlawful confinement

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator unlawfully confines or continues to confine one or more persons to a certain location; 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 17 years.

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

268.34  War crime—taking hostages

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator seizes, detains or otherwise holds hostage one or more persons; and
 (b) the perpetrator threatens to kill, injure or continue to detain the person or persons; and
 (c) the perpetrator intends to compel the government of a country, an international organisation or a person or group of persons to act or refrain from acting as an explicit or implicit condition for either the safety or the release 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 17 years.

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

Subdivision E—Other serious war crimes that are committed in the course of an international armed conflict

268.35  War crime—attacking civilians

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is a civilian population as such or individual civilians not taking direct part in hostilities; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

268.36  War crime—attacking civilian objects

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator directs an attack; and
 (b) the object of the attack is not a military objective; and
 (c) the perpetrator's