Australia

International Criminal Court (Consequential Amendments) Act 2002

Schedule 1—Amendment of the Criminal Code Act 1995


3 The Schedule (the Dictionary in the Criminal Code)
Insert:
attack directed against a civilian population means a course of conduct involving the multiple commission of any one or more proscribed inhumane acts against any civilian population pursuant to, or in furtherance of, a state or organisational policy to engage in that course of conduct.

4 The Schedule (the Dictionary in the Criminal Code)
Insert:
benefit includes any advantage and is not limited to property.

5 The Schedule (the Dictionary in the Criminal Code)
Insert:
Covenant means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986.

6 The Schedule (the Dictionary in the Criminal Code)
Insert:
crime against humanity means an offence under Subdivision C of Division 268.

7 The Schedule (the Dictionary in the Criminal Code)
Insert:
crime against the administration of the justice of the International Criminal Court means an offence under Subdivision J of Division 268.

8 The Schedule (the Dictionary in the Criminal Code)
Insert:
detriment includes any disadvantage and is not limited to personal injury or to loss of or damage to property.

9 The Schedule (the Dictionary in the Criminal Code)
Insert:
distinctive emblems of the Geneva Conventions means the emblems, identity cards, signs, signals, insignia or uniforms to which subsection 15(1) of the Geneva Conventions Act 1957 applies.

10 The Schedule (the Dictionary in the Criminal Code)
Insert:
evidence includes anything that may be used as evidence.

11 The Schedule (the Dictionary in the Criminal Code)
Insert:
First Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 1 to the Geneva Conventions Act 1957.

12 The Schedule (the Dictionary in the Criminal Code)
Insert:
Fourth Geneva Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 4 to the Geneva Conventions Act 1957.

13 The Schedule (the Dictionary in the Criminal Code)
Insert:
Geneva Conventions means the First Geneva Convention, the Second Geneva Convention, the Third Geneva Convention and the Fourth Geneva Convention.

14 The Schedule (the Dictionary in the Criminal Code)
Insert:
genocide means an offence under Subdivision B of Division 268.

15 The Schedule (the Dictionary in the Criminal Code)
Insert:
Hague Declaration means the Hague Declarations Concerning the Prohibition of Using Bullets which Expand or Flatten Easily in the Human Body, adopted at the Hague on 29 July 1899.

16 The Schedule (the Dictionary in the Criminal Code)
Insert:
hors de combat: a person is hors de combat if:
(a) the person is in the power of an adverse party; and
(b) the person:
(i) clearly expresses an intention to surrender; or
(ii) has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and
(c) the person abstains from any hostile act and does not attempt to escape.

17 The Schedule (the Dictionary in the Criminal Code)
Insert:
ICC Statute means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1 to the International Criminal Court Act 2002.

18 The Schedule (the Dictionary in the Criminal Code)
Insert:
international armed conflict includes a military occupation.

19 The Schedule (the Dictionary in the Criminal Code)
Insert:
International Criminal Court means the International Criminal Court established under the ICC Statute.

20 The Schedule (the Dictionary in the Criminal Code)
Insert:
interpreter includes a person who interprets signs or other things made or done by a person who cannot speak adequately for the purpose of giving evidence in a proceeding before the International Criminal Court.

21 The Schedule (the Dictionary in the Criminal Code)
Insert:
proscribed inhumane act means any of the following acts:
(a) an act that is described in paragraph 268.8(a);
(b) an act that is described in paragraph 268.9(1)(a) and is committed as mentioned in paragraph 268.9(1)(b);
(c) an act that is described in paragraph 268.10(1)(a);
(d) an act that is described in paragraph 268.11(1)(a) and to which paragraph 268.11(1)(b) applies;
(e) an act that is described in paragraph 268.12(1)(a) and to which paragraph 268.12(1)(b) applies;
(f) an act that is described in paragraph 268.13(a) and to which paragraph 268.13(b) applies;
(g) an act that is described in paragraph 268.14(1)(a) or (2)(a);
(h) an act that is described in paragraph 268.15(1)(a);
(i) an act that is described in paragraph 268.16(1)(a) and to which paragraph 268.16(1)(b) applies;
(j) an act that is described in paragraph 268.17(1)(a) and to which paragraph 268.17(1)(b) applies;
(k) an act that is described in paragraphs 268.18(1)(a) and (b) and to which paragraph 268.18(1)(c) applies;
(l) an act that is described in paragraph 268.19(1)(a) and is of the gravity mentioned in paragraph 268.19(1)(b);
(m) an act that is described in paragraph 268.20(1)(a) and is committed as mentioned in paragraphs 268.20(1)(c), (d) and (e);
(n) an act that is described in paragraph 268.21(1)(a) and to which paragraphs 268.21(1)(b) and (c) apply;
(o) an act that is described in paragraph 268.21(2)(c) and is committed as mentioned in paragraph 268.21(2)(d);
(p) an act that is described in paragraph 268.22(a) and is committed as mentioned in paragraph 268.22(b);
(q) an act that is described in paragraph 268.23(a) and to which paragraph 268.23(b) applies.

22 The Schedule (the Dictionary in the Criminal Code)
Insert:
Protocol I to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5 to the Geneva Conventions Act 1957.

23 The Schedule (the Dictionary in the Criminal Code)
Insert:
Protocol II to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non International Armed Conflicts done at Geneva on 10 June 1977.

24 The Schedule (the Dictionary in the Criminal Code)
Insert:
Protocols to the Geneva Conventions means Protocol I to the Geneva Conventions and Protocol II to the Geneva Conventions.

25 The Schedule (the Dictionary in the Criminal Code)
Insert:
Second Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 2 to the Geneva Conventions Act 1957.

26 The Schedule (the Dictionary in the Criminal Code)
Insert:
sworn statement means an oral statement made on oath or affirmation or a statement in a document verified on oath or affirmation.

27 The Schedule (the Dictionary in the Criminal Code)
Insert:
Third Geneva Convention means the Geneva Convention relative to the Protection of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 3 to the Geneva Conventions Act 1957.

28 The Schedule (the Dictionary in the Criminal Code)
Insert:
threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional.

29 The Schedule (the Dictionary in the Criminal Code)
Insert:
war crime means an offence under Subdivision D, E, F, G or H of Division 268.

Keywords

War crimes



EDIT.