Schedule 1—Amendment of the Criminal Code Act 1995

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 E—Other serious war crimes that are committed in the course of an international armed conflict


268.52 War crime—depriving nationals of the adverse power of rights or actions

A person (the perpetrator) commits an offence if:

(a) the perpetrator effects the abolition, suspension or termination of admissibility in a court of law of certain rights or actions; and
(b) the abolition, suspension or termination is directed at the nationals of an adverse party; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 10 years.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed
conflict, within the established framework of international law, namely, any of the following acts:
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and
actions of the nationals of the hostile party