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 268.31   War crime - denying a fair trial  

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


(a) the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and


(b) the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; 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 10 years.

(2)  
Strict liability applies to:


(a) the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b) ; and


(b) paragraphs (1)(b) and (c).




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