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

SECTION 268.97   268.97   War crime - attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator launches an attack against works or installations containing dangerous forces; and


(b) the attack is such that it will cause loss of life, injury to civilians, or damage to civilian objects, to such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and


(c) the perpetrator knows that the attack will cause loss of life, injury to civilians, or damage to civilian objects, to such an extent; and


(d) the attack results in death or serious injury to body or health; and


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

Penalty: Imprisonment for life.


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