Practice Relating to Rule 92. Mutilation and Medical, Scientific or Biological Experiments
South Africa’s LOAC Manual (1996) provides that one type of grave breach “relates to combat activities and medical experimentation. It requires both wilfulness and that death or serious injury to body or health is caused (Article 85(3)).”
The manual also provides that “physical experimentation and medical experiments (Article 22)” are grave breaches of the 1977 Additional Protocol I.
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including “biological experiments” committed against persons protected under the 1949 Geneva Conventions in international armed conflicts, “mutilation” of “persons taking no active part in hostilities” in non-international armed conflicts as well as
subjecting persons who are in the power of an adverse party 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
in both international and non-international armed conflicts.