Section 268.26 Criminal Code Act | International War Crime Inhumane Treatment


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The Legislation

Section 268.26 of the Criminal Code Act 1995 (Cth) is International War Crime Inhumane Treatment and is extracted below.

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268.26  War crime—inhumane treatment

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

(a)  the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and

(b)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; 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).