Section 268.79 Criminal Code Act | National War Crime Attacking Peacekeepers


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The Legislation

Section 268.79 of the Criminal Code Act 1995 (Cth) is National War Crime Attacking Peacekeepers and is extracted below.

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268.79  War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission

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

(a)  the perpetrator directs an attack; and

(b)  the object of the attack is personnel involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations; and

(c)  the personnel are entitled to the protection given to civilians under the Geneva Conventions or Protocol II to the Geneva Conventions; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty:  Imprisonment for life.

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

(a)  the perpetrator directs an attack; and

(b)  the object of the attack is installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations; and

(c)  the installations, material, units or vehicles are entitled to the protection given to civilian objects under the Geneva Conventions and Protocol II to the Geneva Conventions; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty:  Imprisonment for 20 years.

(3)        Strict liability applies to paragraphs (1)(c) and (2)(c).