Section 268.99 Criminal Code Act | International War Crime Delaying Repatriation of POWs


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The Legislation

Section 268.99 of the Criminal Code Act 1995 (Cth) is International War Crime Delaying Repatriation of POWs and is extracted below.

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268.99  War crime—unjustifiable delay in the repatriation of prisoners of war or civilians

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

(a)  one or more persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and

(b)  the perpetrator unjustifiably delays the repatriation of the person or persons to the person’s own country or the persons’ own countries; and

(c)  the delay is in violation of Part IV of the Third Geneva Convention or Chapter XII of Section IV of Part III of the Fourth Geneva Convention.

Penalty:  Imprisonment for 10 years.

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