Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court  

Subdivision D - War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions  

SECTION 268.27   War crime - biological experiments  

(1)  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator subjects one or more persons to a particular biological experiment; and


(b) the experiment seriously endangers the physical or mental health or integrity of the person or persons; and


(c) the perpetrator ' s conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and


(d) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and


(e) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and


(f) the perpetrator ' s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for 25 years.

(2)  
Strict liability applies to paragraph (1)(d) .




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