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Section 268.30 Criminal Code Act
International War Crime Compelling Service in Hostile Force

Section 268.30 of the Criminal Code Act 1995 (Cth) is International War Crime Compelling Service in Hostile Force and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Compelling Service in Hostile Force matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

268.30  War crime—compelling service in hostile forces

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

(a)  the perpetrator coerces one or more persons, by act or threat:

(i)  to take part in military operations against that person’s or those persons’ own country or forces; or

(ii)  otherwise to serve in the forces of an adverse power; and

(b)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for 10 years.

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

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Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

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