Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court  

Subdivision H - War crimes that are grave breaches of Protocol I to the Geneva Conventions  

SECTION 268.101   268.101   War crime - attacking protected objects  
A person (the perpetrator ) commits an offence if:

(a) the perpetrator directs an attack; and

(b) the object of the attack is any one or more of the following that are not used in support of the military effort and are not located in the immediate proximity of military objectives:

(i) clearly recognised historic monuments;

(ii) works of art;

(iii) places of worship; and

(c) the monuments, works of art and places of worship constitute the cultural or spiritual heritage of peoples and have been given special protection by special arrangement (for example, within the framework of a competent international organisation); and

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

Penalty: Imprisonment for 20 years.

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