Section 268.94 Criminal Code Act | National War Crime Destroying Enemy Property


Section 268.94 of the Criminal Code Act 1995 (Cth) is National War Crime Destroying Enemy Property and is extracted below.

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The Legislation

268.94  War crime—destroying or seizing an adversary’s property

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

(a)  the perpetrator destroys or seizes certain property; and

(b)  the property is property of an adversary; and

(c)  the property is protected from the destruction or seizure under article 14 of Protocol II to the Geneva Conventions; and

(d)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and

(e)  the destruction or seizure is not justified by military necessity; and

(f)  the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty:  Imprisonment for 15 years

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