Section 268.27 Criminal Code Act | International War Crime Biological Experiments


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The Legislation

Section 268.27 of the Criminal Code Act 1995 (Cth) is International War Crime Biological Experiments and is extracted below.

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268.27  War crime—biological experiments

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

(a)  the perpetrator subjects one or more persons to a particular biological experiment; and

(b)  the experiment seriously endangers the physical or mental health or 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 protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(e)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

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

Penalty:  Imprisonment for 25 years.

(2)  Strict liability applies to paragraph (1)(d).