'Scientific experiments - IAC' in document 'Serbia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Civilian Population
Article 372

(1) Whoever in violation of international law at time of war armed conflict or occupation orders an attack on civilian population, settlement, particular civilians, persons incapacitated for combat or members or facilities of humanitarian organisations or peace mission ; wanton attack without target selection harming civilian population or civilian buildings under special protection of international law ; attack against military targets knowing that such attack would cause collateral damage among civilians or damage to civilian buildings that is obviously disproportionate with the military effect ; ordering against civilian population inflicting of bodily injury, torture, inhumane treatment, biological, medical or other research experiments, or taking of tissue or organs for transplantation or performing other acts causing harm to health or inflicting great suffering or who orders deportation or relocation or forced change of nationality or religion ; forcing to prostitution or rape; applying intimidation and terror measures, taking of hostages, collective punishment, unlawful depriving of freedom and detention ; depriving of the rights to a fair and impartial trial ; proclaiming the rights and acts of enemy nationals prohibited, suspended or non-allowed in court proceedings ; compelling into service of a hostile power or its intelligence or administration services; compelling to military service persons under seventeen years of age ; forced labour ; starving of population; unlawful seizure, appropriation or destruction of property not justified by military necessity ; taking unlawful and disproportionate contributions and requisitions; devaluing of local currency or unlawful issuing of currency, or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes Against the Wounded and Sick
Article 373

(1) Whoever in violation of international law at time of war, armed conflict or occupation orders inflicting bodily injuries, torture, inhuman treatment, biological, medical or other research experiment, taking of tissue or body organs for transplantation or other acts causing harm to health or serious suffering against the wounded, sick, shipwrecked or medical staff or religious staff, or orders destroying or appropriation of large extent of materials, medical transportation means and stocks of medical institutions or units that is not justified by military necessity or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.

(2) Whoever at time of war, armed conflict or occupation orders murder of civilian population or whoever commits such offences,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Prisoners of War
Article 374

(1) Whoever in violation of international law orders injury, torture, inhuman treatment, biological, medical or other research experiments, taking of tissues or body organs for transplantation or commission of other acts harmful to health and causing serious suffering against prisoners of war, or compels prisoners of war to service in forces of a hostile power or deprives them of the rights to fair and regular trial ; or whoever commits any of such offences,
shall be punished by imprisonment of minimum five years.

(2) Whoever orders murder of prisoners of war or whoever commits such an offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Cruel Treatment of the Wounded, Sick and Prisoners of War
Article 381

Whoever in violation of international law cruelly treats the wounded, sick or prisoners of war or prevents or obstructs exercising of their rights guaranteed by such rules, or whoever orders such acts committed,
shall be punished by imprisonment of six months to five years.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons