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 G - War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict  

SECTION 268.93   War crime - medical or scientific experiments  

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


(a) the perpetrator subjects one or more persons to a medical or scientific experiment; and


(b) the experiment causes the death 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 in the power of another party to the conflict; and


(e) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty: Imprisonment for life.

(2)  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator subjects one or more persons to a medical or scientific experiment; and


(b) the experiment seriously endangers the physical or mental health, or the 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 in the power of another party to the conflict; and


(e) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.


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