Section 268.94 Criminal Code Act | National War Crime Destroying Enemy Property


Print
The Legislation

Section 268.94 of the Criminal Code Act 1995 (Cth) is National War Crime Destroying Enemy Property and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your National War Crime Destroying Enemy Property matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

268.94  War crime—destroying or seizing an adversary’s property

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

(a)  the perpetrator destroys or seizes certain property; and

(b)  the property is property of an adversary; and

(c)  the property is protected from the destruction or seizure under article 14 of Protocol II to the Geneva Conventions; and

(d)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and

(e)  the destruction or seizure is not justified by military necessity; and

(f)  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 15 years

(2)  Strict liability applies to paragraph (1)(c).