Viadrina Logo
Jura Logo
Foto Logo

Article Comparison - Elements of Crimes of the International Criminal Court [*]

Article 8 (2) (a) (ii)-3
War crime of biological experiments


1. The perpetrator subjected one or more persons to a particular biological experiment.

2. The experiment seriously endangered the physical or mental health or integrity of such person or persons.

3. 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.

4. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

5. The perpetrator was aware of the factual circumstances that established that protected status.

6. The conduct took place in the context of and was associated with an international armed conflict.

7. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.