Criminal Code 1995

Just a couple of the sections in the Criminal Code 1995 relating the International Covenant on Civil and Political Rights.
Is an international treaty binding? Absolutely. Australia is a signatory to the ICCPR.
What makes it binding? Vienna convention on the law of treaties 1969.

 

Criminal Code 1995

https://www.legislation.gov.au/C2004A04868/latest/text/2 (url)

268.10  Crime against humanity—enslavement

 (1) A person (the perpetrator) commits an offence if:

 (a) the perpetrator exercises any or all of the powers attaching to the right of ownership over one or more persons (including the exercise of a power in the course of trafficking in persons, in particular women and children); and

 (b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 25 years.

 (2) In subsection (1):

exercises any or all of the powers attaching to the right of ownership over a person includes purchases, sells, lends or barters a person or imposes on a person a similar deprivation of liberty and also includes exercise a power arising from a debt incurred or contract made by a person.

268.11  Crime against humanity—deportation or forcible transfer of population

 (1) A person (the perpetrator) commits an offence if:

 (a) the perpetrator forcibly displaces one or more persons, by expulsion or other coercive acts, from an area in which the person or persons are lawfully present to another country or location; and

 (b) the forcible displacement is contrary to paragraph 4 of article 12 or article 13 of the Covenant; and

 (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area; and

 (d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 17 years.

 (2) Strict liability applies to paragraph (1)(b).

 (3) In subsection (1):

forcibly displaces one or more persons includes displaces one or more persons:

 (a) by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power) against the person or persons or against another person; or

 (b) by taking advantage of a coercive environment.

268.12  Crime against humanity—imprisonment or other severe deprivation of physical liberty

 (1) A person (the perpetrator) commits an offence if:

 (a) the perpetrator imprisons one or more persons or otherwise severely deprives one or more persons of physical liberty; and

 (b) the perpetrator’s conduct violates article 9, 14 or 15 of the Covenant; and

 (c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 17 years.

 (2) Strict liability applies to paragraph (1)(b).

268.13  Crime against humanity—torture

  A person (the perpetrator) commits an offence if:

 (a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the custody or under the control of the perpetrator; and

 (b) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions; and

 (c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 25 years.

*****

268.20  Crime against humanity—persecution

 (1) A person (the perpetrator) commits an offence if:

 (a) the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph (b); and

 (b) the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant; and

 (c) the perpetrator targets the person or persons by reason of the identity of a group or collectivity or targets the group or collectivity as such; and

 (d) the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant; and

 (e) the perpetrator’s conduct is committed in connection with another act that is:

 (i) a proscribed inhumane act; or

 (ii) genocide; or

 (iii) a war crime; and

 (f) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 17 years.

 (2) Strict liability applies to:

 (a) the physical element of the offence referred to in paragraph (1)(a) that the rights are those referred to in paragraph (1)(b); and

 (b) paragraphs (1)(b) and (d).

****

268.23  Crime against humanity—other inhumane act

  A person (the perpetrator) commits an offence if:

 (a) the perpetrator causes great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act; and

 (b) the act is of a character similar to another proscribed inhumane act as defined by the Dictionary; and

 (c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty: Imprisonment for 25 years.

Posted by PMA admin