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• torture or inhuman treatment, including biological experiments;• willfully causing great suffering or serious injury to body or health;• compelling a POW to serve in the forces of the hostile Power; and• willfully depriving a POW of the rights of fair and regular trial prescribed in the GPW. 90Grave breaches of the GC are those involving any of the following acts, if committedagainst persons or property protected by the GC:• willful killing;• torture or inhuman treatment, including biological experiments;• willfully causing great suffering or serious injury to body or health;• unlawful deportation or transfer or unlawful confinement of a protected person;• compelling a protected person to serve in the forces of a hostile Power;• willfully depriving a protected person of the rights of fair and regular trial prescribed inthe GC;• taking of hostages; and• extensive destruction and appropriation of property, not justified by military necessityand carried out unlawfully and wantonly. 9118.9.3.2 Applicability of Grave Breaches Obligations to Non-International ArmedConflict. The text of the 1949 Geneva Conventions provides that grave breaches relate toviolations “against persons or property protected by the Convention.” Since Common Article 3of the 1949 Convention protects persons against some of the acts described as grave breaches,the United States took the position that the obligations created by the grave breaches provisions90 GPW art. 130 (“Grave breaches to which the preceding Article relates shall be those involving any of thefollowing acts, if committed against persons or property protected by the Convention: wilful killing, torture orinhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body orhealth, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner ofwar of the rights of fair and regular trial prescribed in this Convention.”).91 GC art. 147 (“Grave breaches to which the preceding Article relates shall be those involving any of the followingacts, if committed against persons or property protected by the present Convention: wilful killing, torture orinhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body orhealth, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protectedperson to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair andregular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation ofproperty, not justified by military necessity and carried out unlawfully and wantonly.”).1073

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