Criminal Code Act 1995
Schedule
-
The Criminal Code
A person (the perpetrator ) commits an offence if:
(a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons (whether or not the person or persons are alive); and
(b) the person or persons are not taking an active part in the hostilities; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; 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.
(2)
To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to a person or persons who:
(a) are hors de combat ; or
(b) are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; or
(c) are dead.
(3)
(Repealed by No 153 of 2015)
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 F - War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict SECTION 268.74 War crime - outrages upon personal dignity (1)A person (the perpetrator ) commits an offence if:
(a) the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons (whether or not the person or persons are alive); and
(b) the person or persons are not taking an active part in the hostilities; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; 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 17 years.
View history note
Hide history note(2)
To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to a person or persons who:
(a) are hors de combat ; or
(b) are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; or
(c) are dead.
(3)
(Repealed by No 153 of 2015)
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.