Section 268.20 Criminal Code Act | Crimes Against Humanity Persecution


The Legislation

Section 268.20 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Persecution and is extracted below.

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268.20  Crime against humanity—persecution

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

(a)  the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph (b); and

(b)  the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant; and

(c)  the perpetrator targets the person or persons by reason of the identity of a group or collectivity or targets the group or collectivity as such; and

(d)  the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant; and

(e)  the perpetrator’s conduct is committed in connection with another act that is:

(i)  a proscribed inhumane act; or

(ii)  genocide; or

(iii)  a war crime; and

(f)  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:

(a)  the physical element of the offence referred to in paragraph (1)(a) that the rights are those referred to in paragraph (1)(b); and

(b)  paragraphs (1)(b) and (d).