War crime—using protected persons as shields
268.65 War crime—using protected persons as shields
A person (the perpetrator) commits an offence if:
the perpetrator uses the presence of one or more civilians, prisoners of war, medical or religious personnel or persons who are hors de combat; and
the perpetrator intends the perpetrator’s conduct to render a military objective immune from attack or to shield, favour or impede military operations; and
the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty:
if the conduct results in the death of any of the persons referred to in paragraph (a)—imprisonment for life; or
otherwise—imprisonment for 17 years.
In this section:
religious personnel includes non‑confessional, non‑combatant military personnel carrying out a similar function to religious personnel.
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