Section 268.28 Criminal Code Act | International War Crime Wilfully Causing Great Suffering


Print
The Legislation

Section 268.28 of the Criminal Code Act 1995 (Cth) is International War Crime Wilfully Causing Great Suffering and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Wilfully Causing Great Suffering matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

268.28  War crime—wilfully causing great suffering

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

(a)  the perpetrator causes great physical or mental pain or suffering to, or serious injury to body or health of, 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).