engleski

Medical experiments on human being as crimes against humanity

Today, due to globalization, medical research has become a transnational, or even international phenomenon, and, although it has been more than 65 years since the Nuremberg judgment, the question of the permissibility of conducting (transnational) medical research and differentiation of permitted and prohibited medical experiments still occupies scientific, professional and general public. In addition, the question has gained political and economic dimension. The globalization of biomedical research increases the risks for research subjects. Regulation of research in the forefront engages with the rights and interests of persons undergoing research but the collision of conflicting interests of different stakeholders in the processes also may occur. The case of Pfizer clearly illustrates the consequences of non-resolution of some of those collisions. The development of international documents regulating medical research is not linear and the high level of protection of individuals undergoing the research guaranteed the Nuremberg Code is not respected in its entirety. It can be argued that the development of international human rights law in general follows the footsteps of Nuremberg Code, e.g. the International Covenant on Civil and Political Rights and the Convention on the Rights of Persons with Disabilities, which prohibits experimentation without consent, regardless of whether it is undertaken solely for the purpose of acquiring new knowledge, or the subject is subjected to the experiment benefits from them in the form of improved health. The question is, is there a proper protection of human subjects by international criminal law?

Medical Experiments; Human Subjects; Nuremberg code; Pfizer; Crimes against Humanity; Globalization

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