{"id":"C1945A00048","name":"War Crimes Act 1945","slug":"war-crimes-act-1945","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"48 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":757,"registerId":"C2018C00198","compilationNumber":"5","startDate":"2018-05-23","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 7 (item 1) of the [Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018](/C2018A00034)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018","year":2018,"number":34,"titleId":"C2018A00034","provisions":"sch 7 (item 1)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2018-05-30T11:02:59.470Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the War Crimes Act 1945.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Application","content":"#### 3 Application\n\n  This Act extends to all external Territories and has extra‑territorial operation according to its tenor.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Interpretation","content":"## Part II—Interpretation","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Effect of this Part","content":"#### 4 Effect of this Part\n\n  The provisions of this Part have effect for the purposes of this Act, except so far as the contrary intention appears in this Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  Unless the contrary intention appears:\n\n> act includes omission.\n\n> do includes make.\n\n> occupation means:\n\n    (a) an occupation of territory arising out of a war; or\n    (b) without limiting the generality of paragraph (a), an occupation of territory in Latvia, Lithuania or Estonia as a direct or indirect result of:\n    (i) the agreement of 23 August 1939 between Germany and the Union of Soviet Socialist Republics; or\n    (ii) any protocol to that agreement.\n\n> person means a natural person, whether or not the person is or has ever been:\n\n    (a) an Australian citizen;\n    (b) a resident of Australia;\n    (c) a British subject;or\n    (d) a citizen of a country allied or associated with Australia in relation to the conduct of a war.\n\n> proceeding, in relation to an offence, means:\n\n    (a) a proceeding for commitment for trial in respect of the offence; or\n    (b) a prosecution on indictment for the offence.\n\n> war means:\n\n    (a) a war, whether declared or not;\n    (b) any other armed conflict between countries; or\n    (c) a civil war or similar armed conflict;\n  (whether or not involving Australia or a country allied or associated with Australia) in so far as it occurred in Europe in the period beginning on 1 September 1939 and ending on 8 May 1945.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Serious crimes","content":"#### 6 Serious crimes\n\n  (1) An act is a serious crime if it was done in a part of Australia and was, under the law then in force in that part, an offence, being:\n    (a) murder;\n    (b) manslaughter;\n    (c) causing grievous bodily harm;\n    (d) wounding;\n    (e) rape;\n    (f) indecent assault;\n    (g) abduction, or procuring, for immoral purposes;\n    (h) an offence (in this paragraph called the variant offence) that would be referred to in a preceding paragraph if that paragraph contained a reference to:\n    (i) a particular intention or state of mind on the offender’s part; or\n    (ii) particular circumstances of aggravation;\n    necessary to constitute the variant offence;\n    (j) an offence whose elements are substantially the same as the elements of an offence referred to in any of paragraphs (a) to (h), inclusive; or\n    (k) an offence of:\n    (i) attempting or conspiring to commit;\n    (ii) aiding, abetting, counselling or procuring the commission of; or\n    (iii) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of;\n    an offence referred to in any of paragraphs (a) to (j), inclusive.\n  (2) In determining for the purposes of subsection (1) whether or not an act was, under the law in force at a particular time in a part of Australia, an offence of a particular kind, regard shall be had to any defence under that law that could have been established in a proceeding for the offence.\n  (3) An act is a serious crime if:\n    (a) it was done at a particular time outside Australia; and\n    (b) the law in force at that time in some part of Australia was such that the act would, had it been done at that time in that part, be a serious crime by virtue of subsection (1).\n  (4) The deportation of a person to, or the internment of a person in, a death camp, a slave labour camp, or a place where persons are subjected to treatment similar to that undergone in a death camp or slave labour camp, is a serious crime.\n  (5) Each of the following is a serious crime:\n    (a) attempting or conspiring to deport or intern a person as mentioned in subsection (4);\n    (b) aiding, abetting, counselling or procuring the deportation or internment of a person as so mentioned;\n    (c) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the deportation or internment of a person as so mentioned.\n  (6) For the purposes of subsections (3), (4) and (5), the fact that the doing of an act was required or permitted by the law in force when and where the act was done shall be disregarded.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"War crimes","content":"#### 7 War crimes\n\n  (1) A serious crime is a war crime if it was committed:\n    (a) in the course of hostilities in a war;\n    (b) in the course of an occupation;\n    (c) in pursuing a policy associated with the conduct of a war or with an occupation; or\n    (d) on behalf of, or in the interests of, a power conducting a war or engaged in an occupation.\n  (2) For the purposes of subsection (1), a serious crime was not committed:\n    (a) in the course of hostilities in a war; or\n    (b) in the course of an occupation;\n    merely because the serious crime had with the hostilities or occupation a connection (whether in time, in time and place, or otherwise) that was only incidental or remote.\n  (3) A serious crime is a war crime if it was:\n    (a) committed:\n    (i) in the course of political, racial or religious persecution; or\n    (ii) with intent to destroy in whole or in part a national, ethnic, racial or religious group, as such; and\n    (b) committed in the territory of a country when the country was involved in a war or when territory of the country was subject to an occupation.\n  (4) Two or more serious crimes together constitute a war crime if:\n    (a) they are of the same or a similar character;\n    (b) they form, or are part of, a single transaction or event; and\n    (c) each of them is also a war crime by virtue of either or both of subsections (1) and (3).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Effect of sections 6 and 7","content":"#### 8 Effect of sections 6 and 7\n\n  (1) Subject to subsection 7(2), nothing in section 6 or 7 limits the generality of anything else in that section.\n  (2) An act may be a serious crime by virtue of one of more of subsections 6(1), (3), (4) and (5), but not otherwise.\n  (3) A serious crime may be a war crime by virtue of either or both of subsections 7(1) and (3), but not otherwise.\n  (4) Two or more serious crimes may together constitute a war crime by virtue of subsection 7(4), but not otherwise.","sortOrder":10},{"sectionNumber":"Part III","sectionType":"part","heading":"War crimes","content":"## Part III—War crimes","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"War crime to be indictable offence","content":"#### 9 War crime to be indictable offence\n\n  (1) A person who:\n    (a) on or after 1 September 1939 and on or before 8 May 1945; and\n    (b) whether as an individual or as a member of an organisation;\n  committed a war crime is guilty of an indictable offence against this Act.\n  (2) Sections 11.1, 11.2, 11.2A and 11.5 of the Criminal Code do not apply in relation to an offence against this Act.\n  (3) For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:\n    (a) if subsection 6(1) applies—that the relevant act was, under the law in force at the relevant time in the relevant part of Australia, an offence mentioned in that subsection;\n    (b) if subsection 6(3) applies—that the law in force at the relevant time in some part of Australia was such that the relevant act would, had it been done at that time in that part, have been a serious crime under subsection 6(1).\n\n> Note: For absolute liability, see section 6.2 of the Criminal Code.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Punishment","content":"#### 10 Punishment\n\n  (1) The punishment for an offence against this Act involving the wilful killing of a person is imprisonment for life or for any lesser term.\n  (2) The punishment for any other offence against this Act is imprisonment for not more than 25 years.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Only Australian citizens or residents to be prosecuted","content":"#### 11 Only Australian citizens or residents to be prosecuted\n\n  A person shall not be charged with an offence against this Act unless he or she is:\n    (a) an Australian citizen; or\n    (b) a resident of Australia or of an external Territory.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Who may prosecute","content":"#### 12 Who may prosecute\n\n  An offence against this Act may only be prosecuted in the name of the Attorney‑General or the Director of Public Prosecutions.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Jurisdiction of courts and choice of law","content":"#### 13 Jurisdiction of courts and choice of law\n\n  (1) Section 68 of the Judiciary Act 1903 applies in relation to an offence against this Act as if a reference in that section to a Territory did not include a reference to an external Territory.\n  (2) Where a person is charged with an offence against this Act, then, for the purposes of:\n    (a) determining whether a court of a State or internal Territory has jurisdiction in relation to the offence;\n    (b) an exercise of jurisdiction by such a court in relation to the offence;\n    (c) a proceeding connected with such an exercise of jurisdiction; and\n    (d) an appeal arising out of, or out of a proceeding connected with, such an exercise of jurisdiction;\n  this Act has effect, in relation to an act that is, or is alleged to be, the offence, as if:\n    (e) a reference in subsection 6(3) or section 18 to a part of Australia were a reference to that State or Territory; and\n    (f) without limiting subsection 6(2), all defences under the law in force in that State or Territory when the person is charged with the offence had been defences under the law in force in that State or Territory at the time of the act.\n  (3) Where:\n    (a) it is sought in a proceeding for an offence against this Act to establish for the purposes of subsection 6(2) that a particular defence could have been established in a proceeding (in this subsection called the other proceeding) for an offence; and\n    (b) in the other proceeding, the onus of establishing the defence would have lain on the defendant;\n  then, in the first‑mentioned proceeding, the onus of establishing that the defence could have been established in the other proceeding lies on the defendant.\n  (4) Nothing in Part II or subsection 9(1) shall be taken to exclude, limit or otherwise prejudice:\n    (a) the application in proceedings for offences against this Act of the normal rules of evidence and procedure that apply in proceedings for offences against the laws of the Commonwealth; or\n    (b) any of the powers of a court in respect of proceedings for offences against the laws of the Commonwealth, including, but not limited to, the powers of a court to take action to prevent an abuse of process.\n  (5) Where, on the trial of a person for an offence against this Act, the person satisfies the judge, on the balance of probabilities, that:\n    (a) the person is unable to obtain evidence that he or she would, but for the lapse of time or some other reason beyond his or her control, have been able to obtain;\n    (b) the person’s inability to obtain that evidence has substantially prejudiced, or will substantially prejudice, the preparation or conduct of his or her defence; and\n    (c) the interests of justice require the making of an order under this subsection;\n  the judge may make such order as he or she thinks appropriate for a stay of proceedings for the offence.\n  (6) Nothing in subsections (4) and (5) limits the generality of anything else in those subsections.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Objection to venue","content":"#### 14 Objection to venue\n\n  (1) This section applies where a proceeding for an offence against this Act is being held in a State or internal Territory.\n  (2) The defendant may apply to the magistrate or judge for an order that all proceedings for the offence be held in another State or internal Territory.\n  (3) An application may only be made:\n    (a) as soon as reasonably practicable after the defendant is charged with the offence; or\n    (b) at such later time as the magistrate or judge allows.\n  (4) If an application is made, the magistrate or judge shall, unless he or she is satisfied on the balance of probabilities that the defendant, when charged with the offence:\n    (a) was a resident of the State or Territory referred to in subsection (1); or\n    (b) was not a resident of that other State or Territory;\n  order that all proceedings for the offence be held in that other State or Territory.\n  (5) An order under this section is subject to appeal or review to the same extent, and in the same manner, as any other order or decision by the magistrate or judge made in the proceeding.\n  (6) For the purposes of this section, the Australian Capital Territory and the Jervis Bay Territory constitute a single Territory.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Effect of order for change of venue","content":"#### 15 Effect of order for change of venue\n\n  (1) This section applies where:\n    (a) a proceeding for an offence against this Act is being held in a State or internal Territory; and\n    (b) the magistrate or judge orders under section 14 that all proceedings for the offence be held in another State or internal Territory.\n  (2) The magistrate or judge may order that the defendant be taken, as soon as practicable, in the custody of a specified person, to that other State or Territory and there delivered into the custody of a person having authority to arrest him or her.\n  (3) The magistrate or judge may make such further orders as he or she thinks necessary to facilitate the carrying into effect of an order made under subsection (2).\n  (4) While the order under section 14 is in force:\n    (a) a proceeding for the offence shall not be held except in that other State or Territory; and\n    (b) the defendant is not entitled to apply to a magistrate or judge in that other State or Territory for an order under section 14 in relation to the offence.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"No defence of superior orders","content":"#### 16 No defence of superior orders\n\n  Subject to subsections 6(2) and 13(2), the fact that, in doing an act alleged to be an offence against this Act, a person acted under orders of his or her government or of a superior is not a defence in a proceeding for the offence, but may, if the person is convicted of the offence, be taken into account in determining the proper sentence.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Defence based on laws, customs and usages of war","content":"#### 17 Defence based on laws, customs and usages of war\n\n  (1) This section has effect for the purposes of a proceeding for an offence against this Act.\n  (2) Subject to section 16, it is a defence if the doing by the defendant of the act alleged to be the offence:\n    (a) was permitted by the laws, customs and usages of war; and\n    (b) was not under international law a crime against humanity.\n  (3) To avoid doubt, the doing of the act by the defendant was permitted by the laws, customs and usages of war if it was reasonably justified by the exigencies and necessities of the conduct of war.\n  (4) The defendant is not entitled to rely on a defence under subsection (2) unless there is evidence of the existence of the facts constituting the defence.\n  (5) However, if there is such evidence, the onus of establishing, beyond a reasonable doubt, that those facts either do not exist or do not constitute the defence lies on the prosecution.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Alternative verdicts","content":"#### 18 Alternative verdicts\n\n  (1) This section has effect where:\n    (a) a person (in this section called the accused) is charged with an offence (in this section called the offence charged) against this Act;\n    (b) the offence charged is alleged to be an act that, under the law in force in a part of Australia at the time of the act, was, or would have been had it been done in that part at that time, an offence of a particular kind;\n    (c) on the accused’s trial for the offence charged, the jury:\n    (i) is not satisfied that the accused is guilty of the offence charged but is satisfied that he or she is guilty of a different offence (in this section called the alternative offence) against this Act; and\n    (ii) is satisfied that the alternative offence is an act that, under the law in force in that part at the time of the last‑mentioned act, was, or would have been had it been done in that part at the last‑mentioned time, an offence of another kind, being an offence referred to in a paragraph of subsection 6(1); and\n    (d) by virtue of the law in force in that part at the time referred to in paragraph (b) or at the time of the trial, a person charged with an offence of the kind referred to in paragraph (b) could in certain circumstances be found not guilty of the last‑mentioned offence but guilty of an offence of the kind referred to in subparagraph (c)(ii).\n  (2) The jury may find the accused not guilty of the offence charged but guilty of the alternative offence.\n  (3) If the jury does so, it shall, when returning its verdict, tell the judge that it is satisfied as mentioned in subparagraph (1)(c)(ii) and specify to the judge the kind of offence referred to in that subparagraph.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Legal assistance","content":"#### 19 Legal assistance\n\n  (1) A person who has been, or is about to be, charged with an offence against this Act may apply to the Attorney‑General for assistance under this section.\n  (2) If the Attorney‑General is satisfied that in all the circumstances it is appropriate and reasonable to grant an application made under this section, he or she may authorise the provision by the Commonwealth to the applicant of such legal or financial assistance in connection with a proceeding for the offence as the Attorney‑General determines.\n  (3) An authorisation under subsection (2) may be made subject to such conditions (if any) as the Attorney‑General determines.\n  (4) In considering an application made under this section, the Attorney‑General shall have regard to any hardship to the applicant that refusal of the application would involve.\n  (5) As soon as practicable after deciding to refuse an application made under this section, the Attorney‑General shall give the applicant a written notice that:\n    (a) sets out the decision and the reasons for it; and\n    (b) requests the applicant to consent in writing to a copy of the notice being laid before each House of the Parliament in accordance with subsection (6).\n  (6) Where an applicant gives a consent in writing pursuant to a request under subsection (5), the Attorney‑General shall cause a copy of the notice to which the consent relates to be laid before each House of the Parliament within 15 sitting days of that House after the Attorney‑General receives the consent.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Certain provisions enacted to avoid doubt","content":"#### 20 Certain provisions enacted to avoid doubt\n\n  Subsection 6(6) and section 16 are enacted to avoid doubt.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Reporting","content":"#### 21 Reporting\n\n  (1) If either or both of the following is started or carried on at any time during a financial year:\n    (a) an investigation of a suspected offence against this Act;\n    (b) a proceeding for an alleged offence against this Act;\n  the Attorney‑General must, as soon as practicable after the end of the financial year, cause a report about the operation of this Act during the year to be prepared.\n  (2) The report must include the following information:\n    (a) the number of suspected offences against this Act under investigation during the year;\n    (b) the number of proceedings for alleged offences against this Act started or carried on during the year;\n    (c) the resources available during the year for the purposes of investigating such suspected offences and carrying on such proceedings;\n    (d) the anticipated timetable for finalising:\n    (i) investigations of such suspected offences; and\n    (ii) such proceedings.\n  (3) The Attorney‑General must cause a copy of the report to be laid before each House of the Parliament within 15 sittings days of that House after the report is prepared.","sortOrder":24}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope remains focused on prosecuting war crimes committed in Europe during World War II. It has been updated to align with modern criminal procedure (e.g., application of the Criminal Code) but has not expanded to cover other conflicts or periods."},"complexity_factors":["Multiple defined terms in Part II (e.g., 'occupation', 'war', 'person', 'serious crime', 'war crime') with specific and nested definitions.","Sections 6 and 7 use layered definitions (serious crime then war crime) with cross-references between subsections.","Section 6 has five subsections defining serious crime, including references to Australian state laws and a disregard for local legality of acts (subsection 6(6)).","Section 7 has four subsections defining war crime, with qualifications like 'merely incidental or remote' and combining multiple serious crimes.","Section 9 applies absolute liability to certain physical elements, referencing the Criminal Code.","Section 13 has complex jurisdictional rules, incorporating state laws and shifting onuses of proof for defences.","Section 18 provides for alternative verdicts with conditional logic linking to state laws.","Sections 14-15 provide a venue change mechanism with multiple conditions and orders."],"plain_english_summary":"This law allows Australia to prosecute people who committed serious war crimes in Europe during World War II (1 September 1939 to 8 May 1945). It applies only to Australian citizens or residents. The law defines 'serious crime' by listing offences like murder, manslaughter, rape, and causing grievous bodily harm under Australian law. It also includes deporting or interning someone in a death camp or slave labour camp as a serious crime. A serious crime becomes a 'war crime' if it was committed during the war, under occupation, as part of persecution, or with intent to destroy a group. Anyone who committed such a war crime can be charged with an indictable offence. Punishment is life in prison for wilful killing, or up to 25 years for other offences. Prosecutions can only be started by the Attorney-General or the Director of Public Prosecutions. Defences: it is not a defence that the person was following orders, but it may reduce the sentence. The person can argue the act was allowed by the laws of war. The law also allows for changes of court location and legal assistance for the accused. Reports on investigations and prosecutions must be given to Parliament."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act was originally intended as a broad post-WWII war crimes tribunal mechanism, but amendments over time (particularly in 1988–1989) significantly narrowed its scope to focus specifically on European war crimes committed between 1 September 1939 and 8 May 1945, and restricted prosecution to Australian citizens or residents. This geographic and temporal limitation, combined with the citizenship/residency requirement, transformed what could have been a general war crimes jurisdiction into a targeted (though ultimately largely ineffective) tool for prosecuting former WWII perpetrators who had migrated to Australia. The scope is therefore considerably more restricted than a plain reading of the title might suggest."},"complexity_factors":["Multi-layered definitional structure: 'war crime' requires first satisfying 'serious crime' (s.6), then satisfying one of several war nexus tests (s.7), creating a nested analytical framework","Interaction between Australian domestic criminal law and international law concepts (crimes against humanity, laws and customs of war) requires expertise in both areas","Choice of law complexity: courts must apply Australian law as it existed at the time of the act (1939–1945) in the relevant state/territory, requiring historical legal analysis","Retroactive application of criminal liability for acts committed up to 80 years ago, raising fundamental rule-of-law tensions managed through detailed procedural provisions","Absolute liability provisions (s.9(3)) interact with Criminal Code Chapter 2 principles in non-standard ways, requiring specialist criminal law knowledge","Venue and jurisdiction provisions (ss.13–15) create a bespoke procedural regime distinct from ordinary Commonwealth criminal procedure","The 'superior orders' defence exclusion (s.16) and its carve-out for sentencing, combined with the laws of war defence (s.17), creates subtle interplay requiring careful navigation","Subsection 6(6) deliberately disregards the lawfulness of acts under the law of the place where committed, raising complex conflict-of-laws issues","Alternative verdict provisions (s.18) require the jury to apply historical Australian state/territory law to determine available lesser offences","The Baltic States occupation definition (s.5, definition of 'occupation') reflects specific historical and geopolitical context (Molotov-Ribbentrop Pact) requiring background knowledge to understand"],"plain_english_summary":"## War Crimes Act 1945 — What It Does and Who It Affects\n\n### The Big Picture\nThis law allows Australia to prosecute people for **war crimes committed in Europe during World War II** (1 September 1939 to 8 May 1945). It was designed to ensure that people who committed atrocities during that period — including the Holocaust and other wartime crimes — can be brought to justice in Australian courts, even decades later.\n\n### Who Can Be Prosecuted?\nOnly people who are **currently Australian citizens or residents** (of Australia or an external Territory like Norfolk Island) can be charged. This means the law primarily targets former participants in WWII-era crimes who later migrated to Australia — for example, Eastern European nationals who committed crimes and subsequently emigrated here.\n\n### What Counts as a War Crime Under This Act?\nA \"war crime\" under this Act has two layers:\n\n**Step 1 — A \"serious crime\" must have occurred**, such as:\n- Murder or manslaughter\n- Causing serious injury or wounding\n- Rape or sexual assault\n- Deportation to death camps or slave labour camps (e.g., Nazi concentration camps)\n- Attempting, helping, or being knowingly involved in any of the above\n\n**Step 2 — That serious crime must be connected to the war**, meaning it was committed:\n- During active fighting or military occupation of a territory\n- As part of a policy connected to the war or occupation\n- On behalf of a country involved in the war\n- During political, racial, or religious persecution (e.g., persecution of Jewish people, ethnic minorities)\n- With the intent to destroy a national, ethnic, racial, or religious group in whole or in part (i.e., genocide)\n\n### Key Rules and Protections\n- **\"Just following orders\" is NOT a defence.** If someone committed a war crime because their government or commanding officer told them to, that is not an excuse — though it may reduce their sentence.\n- **Laws of war defence:** A defendant *can* argue their actions were permitted under the accepted rules of warfare at the time, provided those actions were not crimes against humanity under international law.\n- **No statute of limitations:** There is no time limit on prosecutions — crimes from 1939–1945 can still be prosecuted today.\n- **Fair trial protections:** If a defendant can show that the passage of time has seriously damaged their ability to defend themselves (e.g., witnesses have died, evidence is lost), a judge can pause or stop the case in the interests of justice.\n- **Legal assistance:** Defendants can apply to the Attorney-General for government-funded legal help if they cannot afford it.\n\n### Penalties\n- **Killing someone:** Life imprisonment (or a lesser term)\n- **All other war crimes:** Up to 25 years imprisonment\n\n### Who Controls Prosecutions?\nOnly the **Attorney-General or the Director of Public Prosecutions** can bring charges — not private individuals or police acting alone. This ensures cases are carefully considered at the highest level before proceeding.\n\n### Accountability to Parliament\nIf any investigation or prosecution is underway during a financial year, the Attorney-General must report to Parliament about the number of cases, resources used, and expected timelines.\n\n### Practical Reality\nThis Act was largely dormant until the late 1980s–90s when Australia actively investigated suspected war criminals who had immigrated here post-WWII. Prosecutions proved extremely difficult due to the age of witnesses, death of evidence sources, and legal complexities — no successful convictions were obtained. The Act remains on the books but is rarely, if ever, invoked today given the passage of time."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope focused on World War II crimes committed in Europe between 1939-1945. While there have been amendments over time (evidenced by the 2018 version date and references to modern Criminal Code provisions), these appear to be procedural updates rather than expansion of substantive scope. The Act remains tightly constrained to its original purpose of prosecuting WWII atrocities."},"complexity_factors":["Extensive cross-referencing between sections 6, 7, and 8 defining 'serious crimes' and 'war crimes' with multiple overlapping conditions","Complex temporal and territorial limitations (specific date range 1 Sept 1939 - 8 May 1945, specific geographic limitation to Europe)","Nested conditional logic in section 6 with 6 subsections defining serious crimes through reference to Australian state/territory laws as they existed at the time of the offence","Multiple defences and exceptions scattered across sections 16, 17, and 13(2) with specific onus of proof requirements","Choice of law provisions in section 13 requiring courts to apply historical state/territory laws as they existed at the time of the alleged offence","Alternative verdict mechanism in section 18 with complex procedural requirements","Interaction with Criminal Code (Chapter 2 applies generally but sections 11.1, 11.2, 11.2A and 11.5 are explicitly excluded by section 9(2))","Absolute liability elements specified in section 9(3) requiring reference to subsection 6(1) and 6(3)"],"plain_english_summary":"This law allows Australia to prosecute people for war crimes committed during World War II (between 1 September 1939 and 8 May 1945) in Europe.\n\n**What it does:**\n- Makes it a crime to commit \"war crimes\" during WWII, defined as serious crimes (like murder, rape, deportation to death camps) committed during war, occupation, or persecution based on race, religion, or politics\n- Applies to acts committed anywhere in the world, not just in Australia\n- Allows prosecution of Australian citizens or residents only\n- Sets penalties: life imprisonment for wilful killing, up to 25 years for other crimes\n\n**Who it affects:**\n- Primarily targets people who committed atrocities during WWII and later came to live in Australia\n- Only Australian citizens or residents can be prosecuted under this law\n\n**Key features:**\n- **No defence of \"just following orders\"** — acting under government or superior orders is not a defence (though it may reduce the sentence)\n- **Limited defence** — actions permitted by the \"laws of war\" are a defence, unless they were crimes against humanity\n- **Change of venue** — defendants can apply to move the trial to a different state or territory if they live elsewhere\n- **Legal aid** — the Attorney-General can provide legal assistance to defendants\n- **Annual reporting** — the Attorney-General must report to Parliament on investigations and prosecutions\n\n**Why it matters:**\nThis law was created to ensure that people who committed atrocities during WWII could not escape justice by fleeing to Australia. It reflects Australia's commitment to international justice and ensuring war criminals face consequences regardless of how much time has passed."}},"importantCases":[],"_links":{"self":"/api/acts/war-crimes-act-1945","history":"/api/acts/war-crimes-act-1945/history","analysis":"/api/acts/war-crimes-act-1945/analysis","conflicts":"/api/acts/war-crimes-act-1945/conflicts","importantCases":"/api/acts/war-crimes-act-1945/important-cases","documents":"/api/acts/war-crimes-act-1945/documents"}}