Australia

War Crimes Amendment Act 1988

An Act to amend the War Crimes Act 1945

5. Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted:

No defence of superior orders

"16. 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
Mitigating factors - national proceedings



EDIT.