Section 268.42 Criminal Code Act | International War Crime Improper use of Enemy Flag


Print
The Legislation

Section 268.42 of the Criminal Code Act 1995 (Cth) is International War Crime Improper use of Enemy Flag and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Improper use of Enemy Flag matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

268.42  War crime—improper use of a flag, insignia or uniform of the adverse party

A person (the perpetrator) commits an offence if:

(a)  the perpetrator uses a flag, insignia or uniform of the adverse party; and

(b)  the perpetrator uses the flag, insignia or uniform while engaged in an attack or in order to shield, favour, protect or impede military operations; and

(c)  the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and

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

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

Penalty:            Imprisonment for life.