Section 268.56 Criminal Code Act | International War Crime Employing Prohibited Gases


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The Legislation

Section 268.56 of the Criminal Code Act 1995 (Cth) is International War Crime Employing Prohibited Gases and is extracted below.

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268.56  War crime—employing prohibited gases, liquids, materials or devices

A person (the perpetrator) commits an offence if:

(a)  the perpetrator employs a gas or other analogous substance or device; and

(b)  the gas, substance or device is such that it causes death or serious damage to health in the ordinary course of events through its asphyxiating or toxic properties; and

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

Penalty:  Imprisonment for 25 years.