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 D—War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
268.34 War crime—taking hostages
(1) A person (the perpetrator) commits an offence if:
(e) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
Awareness of conflict - war crimes
Intent - national proceedings
Knowledge - national proceedings
EDIT.