Australia

War Crimes Act 1945

An Act to provide for the Trial and Punishment of War Criminals#

Part III—War crimes

16 No defence of superior orders

Subject to subsections 6(2) and 13(2), the fact that, in doing an act alleged to be an offence against this Act, a person acted under orders of his or her government or of a superior is not a defence in a proceeding for the offence, but may, if the person is convicted of the offence, be taken into account in determining the proper sentence.

Keywords

Superior orders - national proceedings
Sentencing - national proceedings
Sentencing - national procedures for national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings



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