Section 268.51 Criminal Code Act | International War Crime Destroying Enemy Property


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The Legislation

Section 268.51 of the Criminal Code Act 1995 (Cth) is International War Crime Destroying Enemy Property and is extracted below.

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268.51  War crime—destroying or seizing the enemy’s property

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

(a)  the perpetrator destroys or seizes certain property; and

(b)  the property is property of an adverse party; and

(c)  the property is protected from the destruction or seizure under article 18 of the Third Geneva Convention, article 53 of the Fourth Geneva Convention or article 54 of Protocol I to the Geneva Conventions; and

(d)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and

(e)  the destruction or seizure is not justified by military necessity; and

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

Penalty:  Imprisonment for 15 years.

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