Section 268.100 Criminal Code Act | International War Crime Apartheid


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The Legislation

Section 268.100 of the Criminal Code Act 1995 (Cth) is International War Crime Apartheid and is extracted below.

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268.100 War crime—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 or is of a nature and gravity similar to any proscribed inhumane act; and

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

(c) 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

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

(e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 17 years.