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 G - War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict  

SECTION 268.86   War crime - enforced sterilisation  

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


(a) the perpetrator deprives one or more persons of biological reproductive capacity; and


(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice; and


(c) the perpetrator ' s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and


(d) 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)  
In subsection (1) :

consent
does not include consent effected by deception or by natural, induced or age-related incapacity.




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