War crime—excessive incidental death, injury or damage
268.38 War crime—excessive incidental death, injury or damage
A person (the perpetrator) commits an offence if:
the perpetrator launches an attack; and
the perpetrator knows that the attack will cause incidental death or injury to civilians; and
the perpetrator knows that the death or injury will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
A person (the perpetrator) commits an offence if:
the perpetrator launches an attack; and
the perpetrator knows that the attack will cause:
damage to civilian objects; or
widespread, long‑term and severe damage to the natural environment; and
the perpetrator knows that the damage will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 20 years.
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