Title: The Case for Decoupling Unlawful Experimentsfrom the Armed Conflict Nexus
Abstract: Under the Rome Statute for the International Criminal Court unlawful medical experiments are only criminalised as war crimes. They are not explicitly includ-ed under the rubric of crimes against humanity. This is despite there being both indictments and convictions at Nuremberg for the offences both as war crimes and as crimes against humanity. Furthermore, in the Rome Statute crimes against humanity no longer require a nexus with an armed conflict whereas war crimes must be linked to an armed conflict. Given that there is no necessary link between unlawful medical experiments and armed conflict, and it is consequently unde-sirable to presume that no unlawful medical experiments could occur absent an armed conflict, this would appear to be a notable omission that requires remedial consideration especially given the unique and specific offensiveness of imposing harm on any unwilling individual for purposes of a claimed benefit to humanity as a whole.
Publication Year: 2020
Publication Date: 2020-01-01
Language: en
Type: book-chapter
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