Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Chris Ellison)Schedule 2 - Involvement of children in armed conflict
Criminal Code Act 1995
These proposed items amend sections 268.68 and 268.88 of the Criminal Code Act 1995, to give effect to an obligation under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.
Section 268.68 applies to conduct that occurs in the course of an international armed conflict, while section 268.88 applies to conduct occurring in the course of a non-international armed conflict.
In both cases, the sections provide that it is an offence to use persons under the age of 18 years to participate actively in hostilities other than as members of national armed forces, to conscript persons under that age into an armed force or group other than national armed forces and to enlist persons under that age into an armed force or group other than national armed forces. The maximum penalties for this conduct are imprisonment for 17 years, 15 years and 10 years, respectively.