268.26
In forceWar crime—inhumane treatment
ScheduleThe Criminal Code
Volume 2sch (s 268.1-395.50)
Chapter 8Offences against humanity and related offences
Division 268Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision DWar crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
268.26 War crime—inhumane treatment
(1)
A person (the perpetrator) commits an offence if:
(a)
the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and
(b)
the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
(c)
the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
(d)
the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2)
Strict liability applies to paragraph (1)(b).
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