CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 8 War crimes » Art. 8(2)(e) War crimes » Art. 8(2)(e)(xi)-2 Medical or scientific experiments
Art. 8(2)(e)(xi)-2 Subjecting persons who are in the power of another party to the conflict to medical or scientific experiments of any kind which
- 1. The conduct took place in the context of and was associated with an armed conflict not of an international character.
- 2. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
- 3. The perpetrator subjected one or more persons to a medical or scientific experiment.
- 4. The experiment caused the death or seriously endangered the physical or mental health or integrity of such person or persons.
- 5. The conduct was neither justified by the medical, dental or hospital treatment of such person or persons concerned nor carried out in such person’s or persons’ interest.
- 6. Such person or persons were in the power of another party to the conflict.
- 7.a [Mental element for Element 3] [Conduct of subjecting to medical or scientific experiments:] The perpetrator meant to subject one or more persons to a medical or scientific experiment.
- 8.i. [Mental element for Element 4] [Consequence of the experiment causing death or seriously endangering the physical or mental health or integrity]: The perpetrator meant to cause the death or serious endangerment of the physical or mental health or int
- 8.b.ii. [Mental element for Element 4] [Consequence of death or seriously endangering the physical or mental health or integrity of a person or persons:] The perpetrator was aware death or serious endangerment of the physical or mental health or integrity
- 9.c [Mental element for Element 5] [Circumstance of lack of justification:] The perpetrator was aware that the medical or scientific experiment was neither justified by the medical, dental or hospital treatment of their person or persons concerned nor car
- 10.c [Mental element for Element 6] [Circumstance of a person or persons being in the power of another party to the conflict:] The perpetrator was aware that the person or persons were in the power of an adverse part.
