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Section 268.101 Criminal Code Act
International War Crime Attacking Protected Objects

The Legislation

Section 268.101 of the Criminal Code Act 1995 (Cth) is International War Crime Attacking Protected Objects and is extracted below.

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268.101 War crime—attacking protected objects

A person (the perpetrator) commits an offence if:

(a) the perpetrator directs an attack; and

(b) the object of the attack is any one or more of the following that are not used in support of the military effort and are not located in the immediate proximity of military objectives:

(i) clearly recognised historic monuments;

(ii) works of art;

(iii) places of worship; and

(c) the monuments, works of art and places of worship constitute the cultural or spiritual heritage of peoples and have been given special protection by special arrangement (for example, within the framework of a competent international organisation); and

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

Penalty: Imprisonment for 20 years.

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