Criminal Code Act 1995
Schedule
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The Criminal Code
A person (the perpetrator ) commits an offence if:
(a) one or more persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and
(b) the perpetrator unjustifiably delays the repatriation of the person or persons to the person ' s own country or the persons ' own countries; and
(c) the delay is in violation of Part IV of the Third Geneva Convention or Chapter XII of Section IV of Part III of the Fourth Geneva Convention.
(2)
Strict liability applies to paragraph (1)(c) .
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 268.99 War crime - unjustifiable delay in the repatriation of prisoners of war or civilians (1)A person (the perpetrator ) commits an offence if:
(a) one or more persons are in the power of, or are interned, detained or otherwise deprived of liberty by, an adverse party as a result of an international armed conflict; and
(b) the perpetrator unjustifiably delays the repatriation of the person or persons to the person ' s own country or the persons ' own countries; and
(c) the delay is in violation of Part IV of the Third Geneva Convention or Chapter XII of Section IV of Part III of the Fourth Geneva Convention.
Penalty: Imprisonment for 10 years.
(2)
Strict liability applies to paragraph (1)(c) .
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