War crime—using, conscripting or enlisting children
268.88 War crime—using, conscripting or enlisting children
National armed forces
A person (the perpetrator) commits an offence if:
the perpetrator uses one or more persons to participate actively in hostilities as members of the national armed forces; and
the person or persons are under the age of 15 years; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 17 years.
A person (the perpetrator) commits an offence if:
the perpetrator conscripts one or more persons into the national armed forces; and
the person or persons are under the age of 15 years; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 15 years.
A person (the perpetrator) commits an offence if:
the perpetrator enlists one or more persons into the national armed forces; and
the person or persons are under the age of 15 years; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 10 years.
Other armed forces and groups
A person (the perpetrator) commits an offence if:
the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and
the person or persons are under the age of 18 years; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 17 years.
A person (the perpetrator) commits an offence if:
the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and
the person or persons are under the age of 18 years; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 15 years.
A person (the perpetrator) commits an offence if:
the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and
the person or persons are under the age of 18 years; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 10 years.
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