'Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices - IAC' in document 'Australia - Criminal Code 1995 (amended 2014) Vol 2'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

268.56 War crime—employing prohibited gases, liquids, materials or devices

A person (the perpetrator) commits an offence if:
(a) the perpetrator employs a gas or other analogous substance or device; and
(b) the gas, substance or device is such that it causes death or serious damage to health in the ordinary course of events through its asphyxiating or toxic properties; and
(c) the perpetrator's conduct takes place in the context of, and is associated with, an international
armed conflict.

Penalty: Imprisonment for 25 years.

RELEVANT ROME STATUTE PROVISIONS

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:
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices