Section 268.97 Criminal Code Act | International War Crime Attacks Against Works or Installations


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The Legislation

Section 268.97 of the Criminal Code Act 1995 (Cth) is International War Crime Attacks Against Works or Installations and is extracted below.

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268.97  War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians

A person (the perpetrator) commits an offence if:

(a)  the perpetrator launches an attack against works or installations containing dangerous forces; and

(b)  the attack is such that it will cause loss of life, injury to civilians, or damage to civilian objects, to such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and

(c)  the perpetrator knows that the attack will cause loss of life, injury to civilians, or damage to civilian objects, to such an extent; and

(d)  the attack results in death or serious injury to body or health; and

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

Penalty:  Imprisonment for life.