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 268.56   268.56   War crime - employing prohibited gases, liquids, materials or devices  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator employs a gas or other analogous substance or device; and


(b) the gas, substance or device is such that it causes death or serious damage to health in the ordinary course of events through its asphyxiating or toxic properties; and


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

Penalty: Imprisonment for 25 years.


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