Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


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 268.41   268.41   War crime - improper use of a flag of truce  
A person (the perpetrator ) commits an offence if:

(a) the perpetrator uses a flag of truce; and

(b) the perpetrator uses the flag in order to feign an intention to negotiate when there is no such intention on the part of the perpetrator; and

(c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag; and

(d) the perpetrator ' s conduct results in death or serious personal injury; and

(e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

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