Section 268.22 Criminal Code Act | Crimes Against Humanity Apartheid


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The Legislation

Section 268.22 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Apartheid and is extracted below.

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268.22  Crime against humanity—apartheid

A person (the perpetrator) commits an offence if:

(a)  the perpetrator commits against one or more persons an act that is a proscribed inhumane act (as defined by the Dictionary) or an act that is of a nature and gravity similar to any such proscribed inhumane act; and

(b)  the perpetrator’s conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act; and

(d)  the perpetrator intends to maintain the regime by the conduct; and

(e)  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 17 years.