Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p18
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 18/48)
Character Range: 46992–49757

in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

268.48  War crime—medical or scientific experiments

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to a medical or scientific experiment; and
 (b) the experiment causes the death of the person or persons; and
 (c) the perpetrator's conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and
 (d) the person or persons are in the power of an adverse party; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator subjects one or more persons to a medical or scientific experiment; and
 (b) the experiment seriously endangers the physical or mental health, or the integrity, of the person or persons; and
 (c) the perpetrator's conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and
 (d) the person or persons are in the power of an adverse party; and
 (e) the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.

268.49  War crime—treacherously killing or injuring

 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
 (b) the perpetrator kills the person or persons; and
 (c) the perpetrator makes use of that confidence or belief in killing the person or persons; and
 (d) the person or persons belong to an adverse party; and
 (e) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty: Imprisonment for life.

 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
 (b) the perpetrator injures the person or persons; and
 (c) the perpetrator makes use of that confidence or belief in injuring the person or persons; and
 (d) the person or persons belong to an adverse party; and
 (e) the perpetrator's conduct takes place in the context