The War Crime of Torture is an offence under section 268.25 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You were ‘reckless’ if you were aware there was a substantial risk that the person was protected under a Geneva Convention, but went ahead with your actions regardless.
Persons protected under the Geneva Conventions include:
‘International armed conflict’ includes, “all cases of declared war or of any other armed conflict which may arise between two or more… [nations], even if the state of war is not recognized by one of them”.
It covers “all cases of partial or total occupation of the territory… [of a nation] even if the said occupation meets with no resistance”.
Duress and self defence are defences to the charge.
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