Bill
Criminal Code Amendment (War Crimes) Bill 2016
passed, as at 2016-12-07. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2016-10-12
- second reading — 2016-10-12
- second reading — 2016-11-23
- second reading — 2016-11-23
- third reading — 2016-11-23
- introduced — 2016-11-24
- second reading — 2016-11-24
- second reading — 2016-12-01
- committee — 2016-12-01
- third reading — 2016-12-01
- passed — 2016-12-01
- royal assent — 2016-12-07
Divisions
- Criminal Code Amendment (War Crimes) Bill 2016 - Second Reading - More scrutiny — 2016-12-01, Senate: negative, ayes 8, noes 39
- The majority [voted in favour](http://www.openaustralia.org.au/senate/?id=2016-12-01.83.1) of passing the [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5736) in the Senate. In parliamentary jargon, they voted to read it [for a third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). Because the bill has already been passed in the House of Representatives, it will now become law. ### What does this bill do? According to the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1617a/17bd043), the bill: > *... proposes to amend the war crimes offences ... to address some anomalies in the treatment of acts done in the course of a ‘non‑international armed conflict’ with the requirements of international humanitarian law (IHL). These anomalies ... are said to limit the capability of the Australian Defence Force (ADF) to undertake international security operations, and may expose members of the ADF to domestic criminal liability despite acting in compliance with the requirements of IHL.* ### Why didn't the Greens support the bill? Only the senators from the Australian Greens Party voted against this bill. Tasmanian Greens Senator Nick McKim explained why during his [second reading speech](http://www.openaustralia.org.au/senate/?gid=2016-12-01.73.1). Here's part of what he said: > *I think all of us in this chamber would agree it is vitally important to make sure we are all on the same page on what constitutes a war crime in this changing environment and to make sure that our understanding is aligned with international law. Unfortunately, as we have seen so often, the government has fluffed this legislation. In particular, the Attorney-General has fluffed it, which is unsurprising, given his record of political fluffing. In seeking to provide clarity for the ADF, the government has, as it often does, gone too far. Backed by the ALP, it is proposing to weaken safeguards tha — 2016-12-01, Senate: affirmative, ayes 58, noes 8
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2016-10-12.
The bill would change Australian war crimes law to match international rules on who counts as a civilian in non-international conflicts.
It would remove criminal liability for causing incidental death or injury to members of organised armed groups, except those who are hors de combat.
The amendments cover sections 268.70, 268.71 and 268.72 of the Criminal Code and retain the existing mental element of recklessness.
- Clarify that war crimes offences do not apply to members of organised armed groups.
- Extend hors de combat protections to members of organised armed groups.
- Align Australian domestic law with international humanitarian law on targeting in non-international armed conflicts.
Members of organised armed groups, civilians and perpetrators of war crimes in non-international armed conflicts.
Sources
em
billhome
frl act