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 268.96   War crime - removal of blood, tissue or organs for transplantation  

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


(a) the perpetrator removes from one or more persons blood, tissue or organs for transplantation; and


(b) in the case of the removal of blood-the removal:


(i) is not for transfusion; or

(ii) is for transfusion without the consent of the person or persons; and


(c) in the case of the removal of skin-the removal:


(i) is not for grafting; or

(ii) is for grafting without the consent of the person or persons; and


(d) the intent of the removal is non-therapeutic; and


(e) the removal is not carried out under conditions consistent with generally accepted medical standards and controls designed for the benefit of the person or persons and of the recipient; and


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


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

Penalty: Imprisonment for 25 years.

(2)  
In subsection (1) :

consent
means consent given voluntarily and without any coercion or inducement.


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