Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p26
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 26/48)
Character Range: 67300–70179

any intentional deprivation of civilians of objects indispensable to their survival; or
 (ii) without limiting subparagraph (i)—the wilful impeding of relief supplies for civilians; and
 (b) if subparagraph (a)(ii) applies—the relief supplies are provided for under the Geneva Conventions; and
 (c) 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).

268.68  War crime—using, conscripting or enlisting children

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses one or more persons to participate actively in hostilities; and
 (b) the person or persons are under the age of 15 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator conscripts one or more persons into the national armed forces; and
 (b) the person or persons are under the age of 15 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 15 years.

 (3) A person (the perpetrator) commits an offence if:
 (a) the perpetrator enlists one or more persons into the national armed forces; and
 (b) the person or persons are under the age of 15 years; and
 (c) 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 10 years.

Subdivision F—War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict

268.69  Definition of religious personnel

  In this Subdivision:

religious personnel includes non‑confessional, non‑combatant military personnel carrying out a similar function to religious personnel.

268.70  War crime—murder

 (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 not taking an active part in the hostilities; and
 (c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for life.

 (2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
 (a) a person or persons who are hors de combat; or