Section 268.91 Criminal Code Act | National War Crime Denying Quarter


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The Legislation

Section 268.91 of the Criminal Code Act 1995 (Cth) is National War Crime Denying Quarter and is extracted below.

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268.91  War crime—denying quarter

A person (the perpetrator) commits an offence if:

(a)  the perpetrator declares or orders that there are to be no survivors; and

(b)  the declaration or order is given with the intention of threatening an adversary or conducting hostilities on the basis that there are to be no survivors; and

(c)  the perpetrator is in a position of effective command or control over the subordinate forces to which the declaration or order is directed; 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.