Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p12
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 12/48)
Character Range: 31454–34235

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 to paragraph (1)(d).

268.30  War crime—compelling service in hostile forces

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator coerces one or more persons, by act or threat:
 (i) to take part in military operations against that person's or those persons' own country or forces; or
 (ii) otherwise to serve in the forces of an adverse power; 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 10 years.

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

268.31  War crime—denying a fair trial

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and
 (b) the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; 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 10 years.

 (2) Strict liability applies to:
 (a) the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b); and
 (b) paragraphs (1)(b) and (c).

268.32  War crime—unlawful deportation or transfer

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator unlawfully deports or transfers one or more persons to another country or to another 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,