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 268.57   War crime - employing prohibited bullets  

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


(a) the perpetrator employs certain bullets; and


(b) the bullets are such that their use violates the Hague Declaration because they expand or flatten easily in the human body; and


(c) the perpetrator knows that, or is reckless as to whether, the nature of the bullets is such that their employment will uselessly aggravate suffering or the wounding effect; and


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

Penalty: Imprisonment for 25 years.

(2)  
Strict liability applies to paragraph (1)(b) .




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