Section 268.30 Criminal Code Act | International War Crime Compelling Service in Hostile Force


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The Legislation

Section 268.30 of the Criminal Code Act 1995 (Cth) is International War Crime Compelling Service in Hostile Force and is extracted below.

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268.30  War crime—compelling service in hostile forces

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

(a)  the perpetrator coerces one or more persons, by act or threat:

(i)  to take part in military operations against that person’s or those persons’ own country or forces; or

(ii)  otherwise to serve in the forces of an adverse power; and

(b)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

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

Penalty:  Imprisonment for 10 years.

(2)  Strict liability applies to paragraph (1)(b).