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 268.53   War crime - compelling participation in military operations  

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


(a) the perpetrator coerces one or more persons by act or threat to take part in military operations against that person ' s or those persons ' own country or forces; and


(b) the person or persons are nationals of an adverse party; and


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

Penalty: Imprisonment for 10 years.

(2)  
It is not a defence to a prosecution for an offence against subsection (1) that the person or persons were in the service of the perpetrator at a time before the beginning of the international armed conflict.




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