Democratic Republic of the Congo
Practice Relating to Rule 92. Mutilation and Medical, Scientific or Biological Experiments
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Crimes against humanity are grave violations of international humanitarian law committed against any civilian population before or during war.
Crimes against humanity are not necessarily linked to the state of war and can be committed not only between persons of different nationality, but even between subjects of the same State.
The grave breaches listed hereafter, affecting, by action or omission, the persons and objects protected by the Geneva Conventions of 12 August 1949 and the Additional Protocols of 8 June 1977, constitute crimes against humanity, repressed according to the provisions of the present Code, without prejudice to more severe penal provisions provided by the ordinary Penal Code:
1. Torture or other inhuman treatment, including biological experiments;
8. Acts and omissions not legally justified, likely to compromise the health and physical or mental integrity of persons protected by the Conventions relative to the protection of the wounded, sick and shipwrecked, in particular any medical procedure not justified by the state of health of these persons or not consistent with the generally accepted rules of the medical profession;
9. Except when justified according to the conditions provided for in point 8, carrying out on the persons addressed in point 8, even with their consent, physical mutilations, medical or scientific experiments, or removals of tissue or organs for transplantation, unless it is a case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily, with consent, and for therapeutic purposes;
The offences contained in the preceding article are punished with penal servitude for life.
If those contained in points 1, 2, 5, 6, 10 to 14 of the same article lead to the death or cause grave injury to the physical integrity or health of one or several persons, the perpetrators are liable to the death penalty.
The offences contained in points 8 and 9 of article 166 are punished by death if their consequence is either an illness appearing incurable, or the person’s permanent incapacitation for work, or the loss of the full usage of an organ, or a grave mutilation.
The same acts are punished with the death penalty if they have led to grave consequences for public health.