'Scientific experiments - NIAC' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 3
War Crimes

'War crimes' mean any of the following:

(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following conduct:

(xi) subjecting persons who are in the power of another party to the conflict 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, which cause death to or seriously endanger the health of such person or persons.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(e) Other serious violations of the laws and customs applicable in armed conflicts not of
an international character, within the established framework of international law, namely, any of
the following acts:
(xi) Subjecting persons who are in the power of another party to the conflict 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