Section 268.25 Criminal Code Act | International War Crime Torture


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The Legislation

Section 268.25 of the Criminal Code Act 1995 (Cth) is International War Crime Torture and is extracted below.

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268.25  War crime—torture

(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 perpetrator inflicts the pain or suffering for the purpose of:

(i)  obtaining information or a confession; or

(ii)  a punishment, intimidation or coercion; or

(iii)  a reason based on discrimination of any kind; and

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

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

(e)  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)(c).