Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court  

Subdivision E - Other serious war crimes that are committed in the course of an international armed conflict  

SECTION 268.40   War crime - killing or injuring a person who is hors de combat  

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

(a) the perpetrator kills one or more persons; and

(b) the person or persons are hors de combat ; and

(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat ; and

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

Penalty: Imprisonment for life.

(2)    
A person (the perpetrator ) commits an offence if:

(a) the perpetrator injures one or more persons; and

(b) the person or persons are hors de combat ; and

(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat ; and

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

Penalty for a contravention of this subsection: Imprisonment for 25 years.