'Medical experiments - IAC' in document 'Montenegro - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against the wounded and sick

Article 429
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict orders against the wounded, sick, shipwrecked or medical or religious service staff, infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissue or body organs for transplantation or other acts causing harm to health or inflicting serious suffering or ordering unlawful destruction or large scale appropriation of materials, means of transport for medical purpose and stocks of medical institutions or units that is not justified by military needs or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict or occupation orders murder of the wounded or the sick or commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against Prisoners of War

Article 430
(1) Anyone who, in breach of rules of international law, orders against prisoners of war the infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissues or body organs for transplantation, or commission of other acts so as to harm health and cause serious suffering or orders coercion to service in armed forces of the enemy, deprivation of the right to a just and impartial trial ; or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict, or occupation orders murders of prisoners of war or who commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Cruel Treatment of the Injured, Sick and of Prisoners of War

Article 437
Anyone who, in breach of rules of international law, treats inhumanly the injured, sick or prisoners of war, or who prevents or denies their access to the rights vested in them under such rules or who orders the commission of such offences shall be punished by a prison term from 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