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 268.30   War crime - compelling service in hostile forces  

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


(a) the perpetrator coerces one or more persons, by act or threat:


(i) to take part in military operations against that person ' s or those persons ' own country or forces; or

(ii) otherwise to serve in the forces of an adverse power; 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 10 years.

(2)  
Strict liability applies to paragraph (1)(b) .


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.