Section 268.74 Criminal Code Act | National War Crime Outrages Upon Personal Dignity


Print

The Legislation

Section 268.74 of the Criminal Code Act 1995 (Cth) is National War Crime Outrages Upon Personal Dignity and is extracted below.

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

268.74  War crime—outrages upon personal dignity

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

(a)  the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons; and

(b)  the person or persons are not taking an active part in the hostilities; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; 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 17 years.

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

(a)  the perpetrator severely humiliates, degrades or otherwise violates the dignity of the body or bodies of one or more dead persons; and

(b)  the dead person or dead persons were not, before his, her or their death, taking an active part in the hostilities; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the dead person or dead persons were not, before his, her or their death, taking an active part in the hostilities; 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 17 years.

(3)  To avoid doubt, a reference in this section to a person or persons who are not, or a dead person or dead persons who were not before his, her or their death, taking an active part in the hostilities includes a reference to:

(a)  a person or persons who:

(i)  are hors de combat; or

(ii)  are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; or

(b)  a dead person or dead persons who, before his, her or their death:

(i)  were hors de combat; or

(ii)  were civilians, medical personnel or religious personnel who were not taking an active part in the hostilities;

as the case may be.