Section 268.65 Criminal Code Act | International War Crime Using Protected Persons as Shields


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The Legislation

Section 268.65 of the Criminal Code Act 1995 (Cth) is International War Crime Using Protected Persons as Shields and is extracted below.

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268.65  War crime—using protected persons as shields

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

(a)  the perpetrator uses the presence of one or more civilians, prisoners of war, military, medical or religious personnel or persons who are hors de combat; and

(b)  the perpetrator intends the perpetrator’s conduct to render a military objective immune from attack or to shield, favour or impede military operations; and

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

Penalty:

(a)  if the conduct results in the death of any of the persons referred to in paragraph (a)—imprisonment for life; or

(b)  otherwise—imprisonment for 17 years.

(2)  In this section:

religious personnel includes non-confessional, non-combatant military personnel carrying out a similar function to religious personnel.