Criminal Code Amendment (War Crimes) Act 2016
An Act to amend the Criminal Code Act 1995, and for related purposes
1 Short title
criminal-code-amendment-war-crimes-act-2016.pdf, p.5
The Act is the Criminal Code Amendment (War Crimes) Act 2016.
2 Commencement
1 Section 1
criminal-code-amendment-war-crimes-act-2016.pdf, p.6
8 December
3 Schedules
Schedules have effect according to their terms.
1 Paragraphs 268.70(1)(b) and (c) of the Criminal Code
Prohibit taking an active part in hostilities or being a member of an organized armed group.
criminal-code-amendment-war-crimes-act-2016.pdf, p.7
2 At the end of section 268.70 of the Criminal Code
Exclusion of hors de combat members from an organised armed group
3 Paragraphs 268.71(1)(d) and (e) and (2)(d) and (e) of the
Prohibit taking an active part in hostilities or being a member of an organised armed group.
4 At the end of section 268.71 of the Criminal Code
Excludes members of an organised armed group who are hors de combat from the definition.
5 Paragraphs 268.72(1)(b) and (c) of the Criminal Code
Repeal paragraphs and substitute conditions for active participation in hostilities or membership in an armed group.
criminal-code-amendment-war-crimes-act-2016.pdf, p.8
Prohibits taking an active part in hostilities or membership in an armed group.
6 At the end of section 268.72 of the Criminal Code
Exclusion of hors de combat members from the definition of an organised armed group.
Members of an organised armed group who are hors de combat are excluded from the definition.
The expression members of an organised armed group does not include members of an organised armed group who are hors de combat.
Temporal overlap between 'members of an organised armed group' and 'members of an organised armed group who are hors de combat'
There is a temporal overlap between the two expressions.
Universal quantification over 'members of an organised armed group' and 'members of an organised armed group who are hors de combat'
For all members of an organised armed group, they are not members of an organised armed group who are hors de combat.
The two expressions are universally quantified.
Diffusion of the exclusion clause to related concepts
The exclusion clause applies to all related concepts, including members of an organised armed group who are hors de combat.
The exclusion clause is diffused to all related concepts.
Recognition of the exclusion clause by artificial intelligence systems
Artificial intelligence systems recognize the exclusion clause as a valid concept.
The exclusion clause is recognized by artificial intelligence systems.
7 At the end of Subdivision K of Division 268 of Chapter 8 of
268 Section 268
Definition of civilian excludes members of an organised armed group.
8 After subsection 268.70(1) of the Criminal Code
Defendant bears evidential burden in relation to the matter in subsection (1A)
criminal-code-amendment-war-crimes-act-2016.pdf, p.9
9 After subsection 268.71(1) of the Criminal Code
10 After subsection 268.71(2) of the Criminal Code
Defendant bears evidential burden in relation to the matter in subsection (2A)
criminal-code-amendment-war-crimes-act-2016.pdf, p.10
11 After subsection 268.72(1) of the Criminal Code
Exemption from liability for incidental death or injury to civilians during military operations.
The perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians.
There is an obligation to ensure that attacks do not result in excessive civilian casualties.
Temporal overlap between attack and civilian casualties
There is a temporal overlap between the attack and civilian casualties.
Recurring pattern of military operations
There is a recurring pattern of military operations that do not result in excessive civilian casualties.
It is permitted for the perpetrator to launch an attack without expecting excessive civilian casualties.
There is a legal obligation for the perpetrator to ensure that attacks do not result in excessive civilian casualties.
12 Paragraph 268.65(1)(a) of the Criminal Code
criminal-code-amendment-war-crimes-act-2016.pdf, p.11
Prohibits omitting “military” from war crimes
13 Application of amendments made by Part 1
Amendments apply to conduct engaged in on or after commencement
criminal-code-amendment-war-crimes-act-2016.pdf, p.12
14 Application of amendments made by Parts 2 and 3
Amendments apply to conduct before, on or after commencement