Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p38
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 38/48)
Character Range: 97352–100120

the perpetrator kills the person or persons; and
 (c) the perpetrator makes use of that confidence or belief in killing the person or persons; and
 (d) the person or persons belong to an adverse party; and
 (e) 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) A person (the perpetrator) commits an offence if:
 (a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
 (b) the perpetrator injures the person or persons; and
 (c) the perpetrator makes use of that confidence or belief in injuring the person or persons; and
 (d) the person or persons belong to an adverse party; and
 (e) 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 for a contravention of this subsection: Imprisonment for 25 years.

268.91  War crime—denying quarter

  A person (the perpetrator) commits an offence if:
 (a) the perpetrator declares or orders that there are to be no survivors; and
 (b) the declaration or order is given with the intention of threatening an adversary or conducting hostilities on the basis that there are to be no survivors; and
 (c) the perpetrator is in a position of effective command or control over the subordinate forces to which the declaration or order is directed; 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.

268.92  War crime—mutilation

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and
 (b) the perpetrator's conduct causes the death of the person or persons; and
 (c) the 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 in the power of another party to the conflict; and
 (e) the 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) A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the