Related Rule
Australia
Practice Relating to Rule 88. Non-Discrimination
Australia’s Defence Force Manual (1994) states, with regard to non-international armed conflicts: “The general rule is that persons are to be treated humanely without adverse discrimination on the ground of race, sex, language, religion, political discrimination or similar criteria.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 945.
The manual stipulates that inhabitants of an occupied territory “must be treated with the same consideration, without any adverse distinction based, in particular, on race, religion or political opinion”. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1218.
Australia’s LOAC Manual (2006) states: “All persons are to be treated … without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status or on any other similar criteria.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.45.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commander’s Manual (1994).
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the crimes against humanity defined in the 1998 ICC Statute, including persecution. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.20.
Australia’s Commanders’ Guide (1994) provides with regard to the wounded and sick: “No regard is to be paid to the nationality of the patient.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 622.
Australia’s Defence Force Manual (1994) provides: “While there is no absolute obligation to accept civilian wounded and sick, once civilian patients have been accepted, discrimination against them, on any grounds other than medical, is not permissible.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 987.
Concerning wounded, sick and shipwrecked combatants, the manual states that they “are to be protected and respected, treated humanely … and cared for by any detaining power without any adverse discrimination”. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 990.
Australia’s LOAC Manual (2006) states: “While there is no absolute obligation to accept civilian wounded and sick, once civilian patients have been accepted, discrimination against them, on any grounds other than medical, is not permissible. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.92 and 9.97.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commander’s Manual (1994).
Australia’s Defence Force Manual (1994) states that one of the fundamental rules for the treatment of prisoners of war is that “any discrimination on the grounds of race, nationality, religious belief or political opinions is unlawful”. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1002.
Australia’s LOAC Manual (2006) states:
10.2 The fundamental rules for the treatment of PW [prisoners of war] are:
- any discrimination on the grounds of race, nationality, religious belief or political opinions is unlawful.
10.21 All PW shall be treated without distinction based on race, nationality, religious belief or political opinions or any other distinction subject to privileged treatment which may be given to them by reason of their rank and sex, state of health, age or professional qualifications. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 10.2 and 10.21.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commander’s Manual (1994).
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.” 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 7(1).
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to war crimes that are grave breaches of the 1977 Additional Protocol I:
War crime – apartheid
A person (the perpetrator) commits an offence if:
(a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act or is of a nature and gravity similar to any proscribed inhumane act; and
(b) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act; and
(c) the perpetrator’s conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and
(d) the perpetrator intends to maintain the regime by the conduct; and
(e) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.100, p. 372.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates into the Criminal Code the crimes against humanity defined in the 1998 ICC Statute, including apartheid. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.22.
In addition, the Act incorporates into the Criminal Code the war crimes that are grave breaches of the 1977 Additional Protocol I, including apartheid. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.100.