Section 268.41 Criminal Code Act | International War Crime Improper use of Flag of Truce


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The Legislation

Section 268.41 of the Criminal Code Act 1995 (Cth) is International War Crime Improper use of Flag of Truce and is extracted below.

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268.41  War crime—improper use of a flag of truce

A person (the perpetrator) commits an offence if:

(a)  the perpetrator uses a flag of truce; and

(b)  the perpetrator uses the flag in order to feign an intention to negotiate when there is no such intention on the part of the perpetrator; and

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