Related Rule
Australia
Practice Related to Rule 95. Forced Labour
Section B. Compelling persons to serve in the forces of a hostile power
Australia’s Commanders’ Guide (1994) states that “compelling PW [prisoners of war] or other protected persons to serve in the forces of a hostile power” is a crime which warrants the institution of criminal proceedings. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(e); see also Defence Force Manual (1994), § 1315(e).
Australia’s Defence Force Manual (1994) provides: “The population [in occupied areas] cannot be compelled to participate in any work which would involve participation in military operations.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1222.
Australia’s LOAC Manual (2006) states:
9.24 … Enemy nationals cannot be compelled to take part in operations against their own country even if they were in your service before the outbreak of hostilities.
12.40 … The population cannot be compelled to participate in any work which would involve participation in military operations …
13.25 Grave breaches under the Geneva Conventions consist of any of the following acts against persons or property protected under the provisions of the relevant Convention:
• compelling a PW [prisoner of war] or other protected person to serve in the forces of a hostile power
13.29 Provisions of the Hague Regulations 1907 are now recognised as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
• to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.24, 12.40, 13.25 and 13.29.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s War Crimes Act (1945) provides that “compulsory enlistment of soldiers among the inhabitants of occupied territory” is a war crime. 
Australia, War Crimes Act, 1945, Section 3.
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach of any of the [1949 Geneva] Conventions … 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 1949 Geneva Conventions and of the 1977 Additional Protocol I:
268.30 War crimecompelling service in hostile forces
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator coerces one or more persons, by act or threat:
(i) to take part in military operations against that person’s or those persons’ own country or forces; or
(ii) otherwise to serve in the forces of an adverse power; and
(b) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 10years.
(2) Strict liability applies to paragraph (1)(b). 
Australia, Criminal Code Act, 1995, as amended on 1 November 2007, taking into account amendments up to Act No. 177 of 2007, Chapter 8, § 268.30, p. 323.
The Criminal Code Act also states with respect to other serious war crimes that are committed in the course of an international armed conflict:
268.53 War crimecompelling participation in military operations
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator coerces one or more persons by act or threat to take part in military operations against that person’s or those persons’ own country or forces; and
(b) the person or persons are nationals of an adverse party; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
(2) It is not a defence to a prosecution for an offence against subsection (1) that the person or persons were in the service of the perpetrator at a time before the beginning of the international armed conflict. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.53, pp. 335–336.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “compelling service in hostile forces” and “compelling participation in military operations”, in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.30 and 268.53.
In 2009, in a ministerial statement before the House of Representatives on the humanitarian crisis in Sri Lanka, Australia’s Minister for Foreign Affairs stated:
[T]here remains much human suffering among the civilians trapped in the conflict zone. Reports of abuses from within the conflict zone include accounts of … forced recruitment of … adults by the LTTE [Liberation Tigers of Tamil Eelam]. … Australia urges the LTTE … to end its practice of forced recruitment. 
Australia, House of Representatives, Minister for Foreign Affairs, Ministerial statement: Humanitarian Crisis in Sri Lanka, Hansard, 12 May 2009, p. 3502.