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 268.62   War crime - forced pregnancy  

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


(a) the perpetrator unlawfully confines one or more women forcibly made pregnant; and


(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such; 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.

(2)  
In subsection (1) :

forcibly made pregnant
includes made pregnant by a consent that was effected by deception or by natural, induced or age-related incapacity.

(3)  
To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.




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