Criminal Code Act 1995
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 268.100 268.100 War crime - apartheidA person (the perpetrator ) commits an offence if:
(a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act or is of a nature and gravity similar to any proscribed inhumane act; and
(b) the perpetrator knows of, or is reckless at to, the factual circumstances that establish the character of the act; and
(c) the perpetrator ' s conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and
(d) the perpetrator intends to maintain the regime by the conduct; and
(e) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
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