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.”
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’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.”
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.