Section 268.11 Criminal Code Act | Crimes Against Humanity Deportation


The Legislation

Section 268.11 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Deportation and is extracted below.

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268.11  Crime against humanity—deportation or forcible transfer of population

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator forcibly displaces one or more persons, by expulsion or other coercive acts, from an area in which the person or persons are lawfully present to another country or location; and

(b)  the forcible displacement is contrary to paragraph 4 of article 12 or article 13 of the Covenant; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area; and

(d)  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.

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

(3)  In subsection (1):

forcibly displaces one or more persons includes displaces one or more persons:

(a)  by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power) against the person or persons or against another person; or

(b)  by taking advantage of a coercive environment.