Section 268.53 Criminal Code Act | International War Crime Compelling Participation in Military


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The Legislation

Section 268.53 of the Criminal Code Act 1995 (Cth) is International War Crime Compelling Participation in Military and is extracted below.

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268.53  War crime—compelling participation in military operations

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

(a)  the perpetrator coerces one or more persons by act or threat to take part in military operations against that person’s or those persons’ own country or forces; and

(b)  the person or persons are nationals of an adverse party; and

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

Penalty:  Imprisonment for 10 years.

(2)        It is not a defence to a prosecution for an offence against subsection (1) that the person or persons were in the service of the perpetrator at a time before the beginning of the international armed conflict