CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(a) War crimes » Art. 8(2)(a)(ii)-3 Biological experiments
Art. 8(2)(a)(ii)-3 Biological experiments
- 1. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
- 2. The perpetrator was aware of the factual circumstances that established that protected status.32, 33
- 3. The conduct took place in the context of and was associated with an international armed conflict.
- 4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 5. The perpetrator subjected one or more persons to a particular biological experiment.
- 6. The experiment seriously endangered the physical or mental health or integrity of such person or persons.
- 7. The intent of the experiment was non-therapeutic and it was neither justified by medical reasons nor carried out in such person's or persons' interest.
- 8.a [Mental element for Element 5] [Conduct of subjecting person or persons to biological experiments:] The perpetrator meant to subject one or more persons to biological experiments.
- 9.b.i. [Mental element for Element 6] [Consequence of death or seriously endangering the physical or mental health or integrity of a person or persons:] The perpetrator meant to cause the death or seriously endanger the physical or mental health or integr
- 9b.ii. [Mental element for Element 6] [Mental element for Element 6] [Consequence of experiment seriously endangering the physical or mental health or integrity of a person or persons]: The perpetrator was aware that the experiment would seriously endange
- 10.c. [Mental element for Element 7] [Circumstance of lack of justification:] The perpetrator was aware that the biological experiment was neither justified by medical reasons nor carried out in such person's or persons' interests.
