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The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001

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

Elements

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 medial 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.

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