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 268.94   War crime - destroying or seizing an adversary ' s property  

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


(a) the perpetrator destroys or seizes certain property; and


(b) the property is property of an adversary; and


(c) the property is protected from the destruction or seizure under article 14 of Protocol II to the Geneva Conventions; and


(d) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the property is so protected; and


(e) the destruction or seizure is not justified by military necessity; and


(f) 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 15 years

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




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