Section 268.90 Criminal Code Act | National War Crime Treacherously Killing or Injuring


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The Legislation

Section 268.90 of the Criminal Code Act 1995 (Cth) is National War Crime Treacherously Killing or Injuring and is extracted below.

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268.90  War crime—treacherously killing or injuring

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

(a)  the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and

(b)  the perpetrator kills the person or persons; and

(c)  the perpetrator makes use of that confidence or belief in killing the person or persons; and

(d)  the person or persons belong to an adverse party; 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 life.

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

(a)  the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and

(b)  the perpetrator injures the person or persons; and

(c)  the perpetrator makes use of that confidence or belief in injuring the person or persons; and

(d)  the person or persons belong to an adverse party; 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 for a contravention of this subsection: Imprisonment for 25 years.