s 268.42
In forceWar crime—improper use of a flag, insignia or uniform of the adverse party
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 EOther serious war crimes that are committed in the course of an international armed conflict
268.42 War crime—improper use of a flag, insignia or uniform of the adverse party
A person (the perpetrator) commits an offence if:
(a)
the perpetrator uses a flag, insignia or uniform of the adverse party; and
(b)
the perpetrator uses the flag, insignia or uniform while engaged in an attack or in order to shield, favour, protect or impede military operations; and
(c)
the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and
(d)
the perpetrator’s conduct results in death or serious personal injury; and
(e)
the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.