Section 268.29 Criminal Code Act | International War Crime Destruction and Appropriation of Property


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The Legislation

Section 268.29 of the Criminal Code Act 1995 (Cth) is International War Crime Destruction and Appropriation of Property and is extracted below.

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268.29  War crime—destruction and appropriation of property

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

(a)  the perpetrator destroys or appropriates property; and

(b)  the destruction or appropriation is not justified by military necessity; and

(c)  the destruction or appropriation is extensive and carried out unlawfully and wantonly; and

(d)  the property is protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

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