Section 268.57 Criminal Code Act | International War Crime Employing Prohibited Bullets


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The Legislation

Section 268.57 of the Criminal Code Act 1995 (Cth) is International War Crime Employing Prohibited Bullets and is extracted below.

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268.57  War crime—employing prohibited bullets

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

(a)  the perpetrator employs certain bullets; and

(b)  the bullets are such that their use violates the Hague Declaration because they expand or flatten easily in the human body; and

(c)  the perpetrator knows that, or is reckless as to whether, the nature of the bullets is such that their employment will uselessly aggravate suffering or the wounding effect; and

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

Penalty:  Imprisonment for 25 years.

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