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 H - War crimes that are grave breaches of Protocol I to the Geneva Conventions  

SECTION 268.95   268.95   War crime - medical procedure  
A person (the perpetrator ) commits an offence if:


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


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


(c) the perpetrator ' s conduct is not justified by the state of health of the person or persons; and


(d) the perpetrator knows that, or is reckless as to whether, the conduct is consistent with generally accepted medical standards that would be applied under similar medical circumstances to persons who are of the same nationality as the perpetrator and are in no way deprived of liberty; and


(e) the person or persons are in the power of, or are interned, detained or otherwise deprived of liberty by, the country of the perpetrator as a result of an international armed conflict; and


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

Penalty: Imprisonment for 25 years.




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