268.98
In forceWar crime—attacking undefended places or demilitarized zones
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 HWar crimes that are grave breaches of Protocol I to the Geneva Conventions
268.98 War crime—attacking undefended places or demilitarized zones
A person (the perpetrator) commits an offence if:
(a)
the perpetrator attacks one or more towns, villages, dwellings, buildings or demilitarized zones; and
(b)
the towns, villages, dwellings or buildings are open for unresisted occupation; and
(c)
the attack results in death or serious injury to body or health; and
(d)
the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
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