Section 268.45 Criminal Code Act | International War Crime Transfer of Population


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The Legislation

Section 268.45 of the Criminal Code Act 1995 (Cth) is International War Crime Transfer of Population and is extracted below.

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268.45  War crime—transfer of population

A person (the perpetrator) commits an offence if:

(a)  the perpetrator:

(i)  authorises, organises or directs, or participates in the authorisation, organisation or direction of, or participates in, the transfer, directly or indirectly, of parts of the civilian population of the perpetrator’s own country into territory that the country occupies; or

(ii)  authorises, organises or directs, or participates in the authorisation, organisation or direction of, or participates in, the deportation or transfer of all or parts of the population of territory occupied by the perpetrator’s own country within or outside that territory; and

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

Penalty:            Imprisonment for 17 years.