相关规则
Australia
Practice Related to Rule 94. Slavery and Slave Trade
Under Australia’s War Crimes Act (1945), as amended in 2001, the deportation of a person to, or the internment of a person in, a death camp or a slave labour camp is a serious war crime.
Australia, War Crimes Act, 1945, as amended in 2001, Section 6.
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict:
268.60 War crime – sexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person provides sexual services.
(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.60, pp. 339–340.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the crimes defined in the 1998 ICC Statute: crimes against humanity, including “enslavement”, and war crimes, including “sexual slavery” and “enforced prostitution”, in both international and non-international armed conflicts.
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.10, 268.60, 268.61, 268.83 and 268.84.
