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 D - War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions  

SECTION 268.25   War crime - torture  

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


(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and


(b) the perpetrator inflicts the pain or suffering for the purpose of:


(i) obtaining information or a confession; or

(ii) a punishment, intimidation or coercion; or

(iii) a reason based on discrimination of any kind; and


(c) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and


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


(e) 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)(c) .


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