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 268.39   268.39   War crime - attacking undefended places  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator attacks or bombards one or more towns, villages, dwellings or buildings; and


(b) the towns, villages, dwellings or buildings are open for unresisted occupation; and


(c) the towns, villages, dwellings or buildings do not constitute military objectives; and


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

Penalty: Imprisonment for life.




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