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Section 268.44 Criminal Code Act
International War Crime Improper Use of Emblems

Section 268.44 of the Criminal Code Act 1995 (Cth) is International War Crime Improper Use of Emblems and is extracted below.

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

The Legislation

268.44  War crime—improper use of the distinctive emblems of the Geneva Conventions

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

(a)  the perpetrator uses an emblem; and

(b)  the emblem is one of the distinctive emblems of the Geneva Conventions; and

(c)  the perpetrator uses the emblem for combatant purposes to invite the confidence of an adversary in order to lead him or her to believe that the perpetrator is entitled to protection, or that the adversary is obliged to accord protection to the perpetrator, with intent to betray that confidence; and

(d)  the perpetrator knows of, or is reckless as to, the illegal nature of such use; and

(e)  the perpetrator’s conduct results in death or serious personal injury; and

(f)  the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for life.

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

(3)  In this section:

emblem means any emblem, identity card, sign, signal, insignia or uniform.

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For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
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