Section 268.73 Criminal Code Act | National War Crime Torture


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The Legislation

Section 268.73 of the Criminal Code Act 1995 (Cth) is National War Crime Torture and is extracted below.

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268.73  War crime—torture

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

(a)  the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and

(b)  the perpetrator inflicts the pain or suffering for the purpose of:

(i)  obtaining information or a confession; or

(ii)  a punishment, intimidation or coercion; or

(iii)  a reason based on discrimination of any kind; and

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

(d)  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

(e)  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 25 years.

(2)  To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:

(a)  a person or persons who are hors de combat; or

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