Section 268.38 Criminal Code Act | International War Crime Excessive Incidental Death


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Section 268.38 of the Criminal Code Act 1995 (Cth) is International War Crime Excessive Incidental Death and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Excessive Incidental Death matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

268.38  War crime—excessive incidental death, injury or damage

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

(a)  the perpetrator launches an attack; and

(b)  the perpetrator knows that the attack will cause incidental death or injury to civilians; and

(c)  the perpetrator knows that the death or injury will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and

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

Penalty:  Imprisonment for life.

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

(a)  the perpetrator launches an attack; and

(b)  the perpetrator knows that the attack will cause:

(i)  damage to civilian objects; or

(ii)  widespread, long-term and severe damage to the natural environment; and

(c)  the perpetrator knows that the damage will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and

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

Penalty for a contravention of this subsection: Imprisonment for 20 years.

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