Section 268.41 Criminal Code Act | International War Crime Improper use of Flag of Truce


Section 268.41 of the Criminal Code Act 1995 (Cth) is International War Crime Improper use of Flag of Truce and is extracted below.

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The Legislation

268.41  War crime—improper use of a flag of truce

A person (the perpetrator) commits an offence if:

(a)  the perpetrator uses a flag of truce; and

(b)  the perpetrator uses the flag in order to feign an intention to negotiate when there is no such intention on the part of the perpetrator; and

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

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

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

Penalty:  Imprisonment for life.