Commonwealth Consolidated Acts

WAR CRIMES ACT 1945 - SECT 7

(1)

A serious crime is a war crime if it was committed:

(a)

in the course of hostilities in a war;

(b)

in the course of an occupation;

(c)

in pursuing a policy associated with the conduct of a war or with an occupation; or

(d)

on behalf of, or in the interests of, a power conducting a war or engaged in an occupation.

(2)

For the purposes of subsection (1), a serious crime was not committed:

(a)

in the course of hostilities in a war; or

(b)

in the course of an occupation;

merely because the serious crime had with the hostilities or occupation a connection (whether in time, in time and place, or otherwise) that was only incidental or remote.

(3)

A serious crime is a war crime if it was:

(a)

committed:

(i)

in the course of political, racial or religious persecution; or

(ii)

with intent to destroy in whole or in part a national, ethnic, racial or religious group, as such; and

(b)

committed in the territory of a country when the country was involved in a war or when territory of the country was subject to an occupation.

(4)

Two or more serious crimes together constitute a war crime if:

(a)

they are of the same or a similar character;

(b)

they form, or are part of, a single transaction or event; and

(c)

each of them is also a war crime by virtue of either or both of subsections (1) and (3).