Criminal Code Amendment (War Crimes) Act 2016
type: Document
category: AU
identifier: No. 97 of 2016
description: An Act to amend the Criminal Code Act 1995, and for related purposes
proposed by: legis2cml
curation status: Proposed

1 Short title
type: Concept
realized by: sec-1
note: Short title of the Act.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.5
asserts: criminal-code-amendment-war-crimes-act-2016-sec-1-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sec-1-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sec-1-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: is
logic summary: Identifies a legal entity.
conclusion text: The Act is the Criminal Code Amendment (War Crimes) Act 2016.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

2 Commencement
type: Concept
realized by: sec-2
note: Commencement provision
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.5
asserts: criminal-code-amendment-war-crimes-act-2016-sec-2-norm

1 Section 1
type: Concept
realized by: sec-1-2
note: Commencement of the Act
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.6
asserts: criminal-code-amendment-war-crimes-act-2016-sec-1-2-norm

8 December
type: Concept
realized by: sec-8
note: Note on table limitations
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.6
asserts: criminal-code-amendment-war-crimes-act-2016-sec-8-norm

3 Schedules
type: Concept
realized by: sec-3
note: Schedules have effect according to their terms.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.6
asserts: criminal-code-amendment-war-crimes-act-2016-sec-3-norm

1 Paragraphs 268.70(1)(b) and (c) of the Criminal Code
type: Concept
realized by: sch-1-sec-1
note: Prohibit taking an active part in hostilities or being a member of an organized armed group.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.7
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-1-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-1-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-1-norm
type: Prohibition
modality: Deontic
part of: 1 Paragraphs 268.70(1)(b) and (c) of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-1-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibition
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

2 At the end of section 268.70 of the Criminal Code
type: Concept
realized by: sch-1-sec-2
note: Exclusion of hors de combat members from an organised armed group
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.7
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-2-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-2-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-2-norm
type: Obligation
modality: Deontic
part of: 2 At the end of section 268.70 of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-2-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: excludes
logic summary: Exclusion of hors de combat members
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

3 Paragraphs 268.71(1)(d) and (e) and (2)(d) and (e) of the
type: Concept
realized by: sch-1-sec-3
note: Prohibit taking an active part in hostilities or being a member of an organised armed group.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.7
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-3-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-3-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-3-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibition
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

4 At the end of section 268.71 of the Criminal Code
type: Concept
realized by: sch-1-sec-4
note: Excludes members of an organised armed group who are hors de combat from the definition.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.7
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-4-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-4-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-4-norm
type: Obligation
modality: Deontic
part of: 4 At the end of section 268.71 of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-4-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Exclude
logic summary: Excludes members of an organised armed group who are hors de combat from the definition.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

5 Paragraphs 268.72(1)(b) and (c) of the Criminal Code
type: Concept
realized by: sch-1-sec-5
note: Repeal paragraphs and substitute conditions for active participation in hostilities or membership in an armed group.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.8
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-5-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-5-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-5-norm
type: Prohibition
modality: Deontic
part of: 5 Paragraphs 268.72(1)(b) and (c) of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-5-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibits taking an active part in hostilities or membership in an armed group.
premise text: None
conclusion text: None
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

6 At the end of section 268.72 of the Criminal Code
type: Concept
realized by: sch-1-sec-6
note: Exclusion of hors de combat members from the definition of an organised armed group.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.8
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-deontic-1
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-alleninterval-2
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-ltl-3
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-diffusion-4
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-cogai-5

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-norm
type: Obligation
modality: Deontic
part of: 6 At the end of section 268.72 of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: excludes
logic summary: Exclusion clause
premise text: Members of an organised armed group who are hors de combat are excluded from the definition.
conclusion text: The expression members of an organised armed group does not include members of an organised armed group who are hors de combat.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-alleninterval-2
type: LogicApplication
modality: AllenInterval
operator: overlaps
logic summary: Temporal overlap between 'members of an organised armed group' and 'members of an organised armed group who are hors de combat'
premise text: The two expressions overlap in time.
conclusion text: There is a temporal overlap between the two expressions.
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-ltl-3
type: LogicApplication
modality: LTL
operator: holdsForAll
logic summary: Universal quantification over 'members of an organised armed group' and 'members of an organised armed group who are hors de combat'
premise text: For all members of an organised armed group, they are not members of an organised armed group who are hors de combat.
conclusion text: The two expressions are universally quantified.
execution surface: modalities::temporal_ltl
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-diffusion-4
type: LogicApplication
modality: Diffusion
operator: diffuses
logic summary: Diffusion of the exclusion clause to related concepts
premise text: The exclusion clause applies to all related concepts, including members of an organised armed group who are hors de combat.
conclusion text: The exclusion clause is diffused to all related concepts.
execution surface: modalities::diffusion
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-6-logic-cogai-5
type: LogicApplication
modality: CogAI
operator: recognizes
logic summary: Recognition of the exclusion clause by artificial intelligence systems
premise text: Artificial intelligence systems recognize the exclusion clause as a valid concept.
conclusion text: The exclusion clause is recognized by artificial intelligence systems.
execution surface: sparql_library::parsers::chk_parser
confidence: 1.0000
curation status: Proposed

7 At the end of Subdivision K of Division 268 of Chapter 8 of
type: Concept
realized by: sch-1-sec-7
note: Addition to Criminal Code
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.8
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-7-norm

268 Section 268
type: Concept
realized by: sch-1-sec-268
note: Definition of civilian excludes members of an organised armed group.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.8
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-268-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-268-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-268-norm
type: Obligation
modality: Deontic
part of: 268 Section 268
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-268-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: excludes
logic summary: Exclusion from civilian status
premise text: Member of an organised armed group
conclusion text: Not a civilian
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

8 After subsection 268.70(1) of the Criminal Code
type: Concept
realized by: sch-1-sec-8
note: Defendant bears evidential burden in relation to the matter in subsection (1A)
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.9
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-8-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-8-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-8-norm
type: Obligation
modality: Deontic
part of: 8 After subsection 268.70(1) of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-8-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Defendant bears evidential burden
premise text: Subsection (1A)
conclusion text: State bears no obligation
execution surface: modalities::logic::deontic
confidence: 0.5000
curation status: Proposed

9 After subsection 268.71(1) of the Criminal Code
type: Concept
realized by: sch-1-sec-9
note: Defendant bears evidential burden in relation to the matter in subsection (1A)
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.9
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-9-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-9-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-9-norm
type: Obligation
modality: Deontic
part of: 9 After subsection 268.71(1) of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-9-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Defendant bears evidential burden
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

10 After subsection 268.71(2) of the Criminal Code
type: Concept
realized by: sch-1-sec-10
note: Defendant bears evidential burden in relation to the matter in subsection (2A)
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.10
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-10-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-10-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-10-norm
type: Obligation
modality: Deontic
part of: 10 After subsection 268.71(2) of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-10-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Defendant bears evidential burden
premise text: Subsection (2A)
conclusion text: State
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

11 After subsection 268.72(1) of the Criminal Code
type: Concept
realized by: sch-1-sec-11
note: Exemption from liability for incidental death or injury to civilians during military operations.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.10
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-deontic-1
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-alleninterval-2
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-ltl-3
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-deontic-4
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-deontic-5

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-norm
type: Obligation
modality: Deontic
part of: 11 After subsection 268.72(1) of the Criminal Code
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Legal obligation
premise text: The perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians.
conclusion text: There is an obligation to ensure that attacks do not result in excessive civilian casualties.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-alleninterval-2
type: LogicApplication
modality: AllenInterval
operator: Overlaps
logic summary: Temporal overlap between attack and civilian casualties
premise text: The perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians.
conclusion text: There is a temporal overlap between the attack and civilian casualties.
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-ltl-3
type: LogicApplication
modality: LTL
operator: Recurrent
logic summary: Recurring pattern of military operations
premise text: The perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians.
conclusion text: There is a recurring pattern of military operations that do not result in excessive civilian casualties.
execution surface: modalities::temporal_ltl
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-deontic-4
type: LogicApplication
modality: Deontic
operator: Permission
logic summary: Permitted action
premise text: The perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians.
conclusion text: It is permitted for the perpetrator to launch an attack without expecting excessive civilian casualties.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-11-logic-deontic-5
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Legal obligation
premise text: The perpetrator did not expect that the attack would result in the incidental death of, or injury to, civilians.
conclusion text: There is a legal obligation for the perpetrator to ensure that attacks do not result in excessive civilian casualties.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

12 Paragraph 268.65(1)(a) of the Criminal Code
type: Concept
realized by: sch-1-sec-12
note: Omit “military” from war crimes
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.11
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-12-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-12-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-12-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibits omitting “military” from war crimes
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

13 Application of amendments made by Part 1
type: Concept
realized by: sch-1-sec-13
note: Amendments apply to conduct engaged in on or after commencement
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.12
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-13-norm

14 Application of amendments made by Parts 2 and 3
type: Concept
realized by: sch-1-sec-14
note: Amendments apply to conduct before, on or after commencement
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: criminal-code-amendment-war-crimes-act-2016.pdf, p.12
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-14-norm
asserts: criminal-code-amendment-war-crimes-act-2016-sch-1-sec-14-logic-deontic-1

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-14-norm
type: Obligation
modality: Deontic
part of: 14 Application of amendments made by Parts 2 and 3
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

criminal-code-amendment-war-crimes-act-2016-sch-1-sec-14-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Obligation to comply with amendments
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed