Section 268.28 Criminal Code Act | International War Crime Wilfully Causing Great Suffering


Section 268.28 of the Criminal Code Act 1995 (Cth) is International War Crime Wilfully Causing Great Suffering and is extracted below.

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The Legislation

268.28  War crime—wilfully causing great suffering

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

(a)  the perpetrator causes great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons; 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 25 years.

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