Section 268.96 Criminal Code Act | International War Crime Transplantation

The Legislation

Section 268.96 of the Criminal Code Act 1995 (Cth) is International War Crime Transplantation and is extracted below.

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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.