10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

9.5.2.3 No Exposure to a Combat Zone or Use as a Human Shield. No POW mayat any time be sent to or detained in areas where he or she may be exposed to the fire of thecombat zone, nor may his or her presence be used to render certain points or areas immune frommilitary operations. 1089.5.2.4 No Physical Mutilation or Medical, Scientific, or Biological Experiments.In particular, no POW may be subjected to physical mutilation or to medical or scientificexperiments of any kind that are not justified by the medical, dental, or hospital treatment of thePOW concerned and carried out in his or her interest. 109 The GWS and GWS-Sea also prohibitbiological experiments on the wounded, sick, and shipwrecked. 110This prohibition was established in the 1949 Geneva Conventions in order to prohibitexpressly criminal practices that occurred during World War II and to prevent the wounded, sick,or shipwrecked in captivity from being used as “guinea pigs” for medical experiments. 111The prohibition on subjecting the wounded, sick, or shipwrecked to biologicalexperiments does not prevent doctors from trying new treatments that are justified on medicalgrounds and are employed solely for therapeutic purposes. 112specifying certain acts which constitute grave breaches. It should be emphasized that this protection must beenforced not only in regard to the agents of the Detaining Power, but also, should the occasion arise, in regard tofellow prisoners. Any infraction should be liable to punishment.”) (emphasis added).108 GPW art. 23 (“No prisoner of war may at any time be sent to, or detained in areas where he may be exposed tothe fire of the combat zone, nor may his presence be used to render certain points or areas immune from militaryoperations.”); United States v. von Leeb, et al. (The High Command Case), XI TRIALS OF WAR CRIMINALS BEFORETHE NMT 588 (“To use prisoners of war as a shield for the troops is contrary to international law.”). Refer to § 5.16(Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede Military Operations).109 GPW art. 13 (“In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientificexperiments of any kind which are not justified by the medical, dental or hospital treatment of the prisonerconcerned and carried out in his interest.”).110 GWS art. 12 (“Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; inparticular, they shall not be murdered or exterminated, subjected to torture or to biological experiments;”).111 See GWS COMMENTARY 139 (“It was intended, by prohibiting the subjection of wounded and sick to biologicalexperiments, to put an end for all time to criminal practices of which certain prisoners have been the victims, andalso to prevent wounded or sick in captivity from being used as ‘guinea-pigs’ for medical experiments.”). See, e.g.,United States v. Karl Brandt, et. al (The Medical Case), II TRIALS OF WAR CRIMINALS BEFORE THE NMT 171, 175-78 (“(A) High-Altitude Experiments. From about March 1942 to about August 1942 experiments were conducted atthe Dachau concentration camp, for the benefit of the German Air Force, to investigate the limits of humanendurance and existence at extremely high altitudes. The experiments were carried out in a low-pressure chamber inwhich the atmospheric conditions and pressures prevailing at high altitude (up to 68,000 feet) could be duplicated.The experimental subjects were placed in the low-pressure chamber and thereafter the simulated altitude therein wasraised. Many victims died as a result of these experiments and others suffered grave injury, torture, and illtreatment.… (L) Incendiary Bomb Experiments. From about November 1943 to about January 1944 experimentswere conducted at the Buchenwald concentration camp to test the effect of various pharmaceutical preparations onphosphorus burns. These burns were inflicted on experimental subjects with phosphorus matter taken fromincendiary bombs, and caused severe pain, suffering, and serious bodily injury.”).112 GWS COMMENTARY 139 (“But the provision refers only to ‘biological experiments’. Its effect is not to preventthe doctors in charge of wounded and sick from trying new therapeutic methods which are justified on medicalgrounds and are dictated solely by a desire to improve the patient’s condition. Doctors must be free to resort to the526

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!