Section 268.65 Criminal Code Act | International War Crime Using Protected Persons as Shields


Section 268.65 of the Criminal Code Act 1995 (Cth) is International War Crime Using Protected Persons as Shields and is extracted below.

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The Legislation

268.65  War crime—using protected persons as shields

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

(a)  the perpetrator uses the presence of one or more civilians, prisoners of war, military, medical or religious personnel or persons who are hors de combat; and

(b)  the perpetrator intends the perpetrator’s conduct to render a military objective immune from attack or to shield, favour or impede military operations; and

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


(a)  if the conduct results in the death of any of the persons referred to in paragraph (a)—imprisonment for life; or

(b)  otherwise—imprisonment for 17 years.

(2)  In this section:

religious personnel includes non-confessional, non-combatant military personnel carrying out a similar function to religious personnel.