Section 268.39 Criminal Code Act | International War Crime Attacking Undefended Places


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The Legislation

Section 268.39 of the Criminal Code Act 1995 (Cth) is International War Crime Attacking Undefended Places and is extracted below.

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268.39 War crime—attacking undefended places

A person (the perpetrator) commits an offence if:

(a) the perpetrator attacks or bombards one or more towns, villages, dwellings or buildings; and

(b) the towns, villages, dwellings or buildings are open for unresisted occupation; and

(c) the towns, villages, dwellings or buildings do not constitute military objectives; and

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

Penalty: Imprisonment for life.