Section 268.44 Criminal Code Act | International War Crime Improper Use of Emblems


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The Legislation

Section 268.44 of the Criminal Code Act 1995 (Cth) is International War Crime Improper Use of Emblems and is extracted below.

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268.44  War crime—improper use of the distinctive emblems of the Geneva Conventions

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

(a)  the perpetrator uses an emblem; and

(b)  the emblem is one of the distinctive emblems of the Geneva Conventions; and

(c)  the perpetrator uses the emblem for combatant purposes to invite the confidence of an adversary in order to lead him or her to believe that the perpetrator is entitled to protection, or that the adversary is obliged to accord protection to the perpetrator, with intent to betray that confidence; and

(d)  the perpetrator knows of, or is reckless as to, the illegal nature of such use; and

(e)  the perpetrator’s conduct results in death or serious personal injury; and

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

Penalty:  Imprisonment for life.

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

(3)  In this section:

emblem means any emblem, identity card, sign, signal, insignia or uniform.