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 F - War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict  

SECTION 268.73   War crime - torture  

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


(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and


(b) the perpetrator inflicts the pain or suffering for the purpose of:


(i) obtaining information or a confession; or

(ii) a punishment, intimidation or coercion; or

(iii) a reason based on discrimination of any kind; and


(c) the person or persons are not taking an active part in the hostilities; and


(d) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and


(e) the perpetrator ' s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for 25 years.

(2)  
To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:


(a) a person or persons who are hors de combat ; or


(b) civilians, medical personnel or religious personnel who are not taking an active part in the hostilities.


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