Section 268.40 Criminal Code Act | International War Crime Killing a Hors de Combat


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The Legislation

Section 268.40 of the Criminal Code Act 1995 (Cth) is International War Crime Killing a Hors de Combat and is extracted below.

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268.40  War crime—killing or injuring a person who is hors de combat

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

(a)  the perpetrator kills one or more persons; and

(b)  the person or persons are hors de combat; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and

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

Penalty:  Imprisonment for life.

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

(a)  the perpetrator injures one or more persons; and

(b)  the person or persons are hors de combat; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and

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

Penalty for a contravention of this subsection: Imprisonment for 25 years.