Section 268.66 Criminal Code Act | International War Crime Attacking Persons Using Emblems


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The Legislation

Section 268.66 of the Criminal Code Act 1995 (Cth) is International War Crime Attacking Persons Using Emblems and is extracted below.

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268.66  War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions

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

(a)  the perpetrator attacks one or more persons; and

(b)  the person or persons are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and

(c)  the perpetrator intends the persons so using such an emblem to be the object of the attack; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for life.

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

(a)  the perpetrator attacks one or more buildings, medical units or transports or other objects; and

(b)  the buildings, units or transports or other objects are using, in conformity with the Geneva Conventions or the Protocols to the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions; and

(c)  the perpetrator intends the buildings, units or transports or other objects so using such an emblem to be the object of the attack; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for 20 years.

(3)        Strict liability applies to paragraphs (1)(b) and (2)(b).