Section 268.92 Criminal Code Act | National War Crime Mutilation


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The Legislation

Section 268.92 of the Criminal Code Act 1995 (Cth) is National War Crime Mutilation and is extracted below.

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268.92  War crime—mutilation

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

(a)  the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and

(b)  the perpetrator’s conduct causes the death of the person or persons; and

(c)  the conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and

(d)  the person or persons are in the power of another party to the conflict; and

(e)  the 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 subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and

(b)  the perpetrator’s conduct seriously endangers the physical or mental health, or the integrity, of the person or persons; and

(c)  the conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and

(d)  the person or persons are in the power of another party to the conflict; and

(e)  the 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.