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 268.28   War crime - wilfully causing great suffering  

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


(a) the perpetrator causes great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons; and


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


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


(d) 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)(b) .




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