Protection of the Wounded, Click edit Master Sicktoand subtitle style Shipwrecked

Becaro, Jebmari Porras, Bethyl

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OUTLINE

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I. The Idea of Solferino

Would it not be possible, in time of peace and quiet, to form relief societies for the purpose of having care given to the wounded in wartime by zealous, devoted and thoroughly qualified workers?

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In A Memory of Solferino, Henri Dunant did not merely describe a terrible battle and

Dunants Twofold Proposal

1.

To create in all countries voluntary relief societies for the purpose of having care given to the wounded in wartime. To formulate an international principle, sanctioned by a Convention inviolate in character, which would serve as the basis and support for the relief societies.
Dunant, Henry. A Memory of Solferino, Geneva, ICRC 1986 (1862). Hhtp://www.icrc.org

1.

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Wounded, Sick and Shipwrecked, without any Adverse Distinction

II. Respect, Protection and Care for

Wounded, Sick and Shipwrecked

Article 12
Members of the armed forces and other persons Beneficiaries mentioned in the Respect following Protection who are Article, Care 7/9/12 at sea and who are
1. 2. 3. 4.

Beneficiaries
a.

Under Conventions I and II: Military Personnel

1. Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:
a.

That of being commanded by a person responsible for his subordinates That of having fixed distinctive sign recognizable at a distance That of carrying arms openly

b.

c.

d.

That of conducting their operations in accordance with the laws and customs of war. 7/9/12

Beneficiaries
a. Under Conventions I and II: Military Personnel

4. Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.

5. Members of crews, including masters, pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law.

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Article 13 of Conventions I and II

Beneficiaries
b. Under Protocol I: Extension to Civilian

Definition of Wounded and Sick

Any persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder disability, are in need of medical care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility;

Definition of Shipwrecked
Any persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the 7/9/12 Conventions or this Protocol;

Care
Equal Treatment

Members of the armed forces and other persons who are wounded or sick, shall be respected and protected in all 7/9/12 circumstances.

Care
Evacuation
At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield. 7/9/12

III. Medical and Religious Personnel

1.

Definition

a.

Military (permanent or temporary) medical personnel Civilian medical personnel assigned by a Party to the conflict Religious personnel attached to the armed forces or medical units Medical personnel made available by third states or organizations to a Party to the conflict Personnel of a National Society recognized and specifically authorized by a Party to the conflict

b.

c.

d.

e.

2. Protection 7/9/12

Definition
a.

Military medical personnel

Medical personnel exclusively engaged in the search for, or in the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments.
Article 14 of Convention I

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Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcherbearers, in the search for or collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.

Definition
Permanent Medical Personnel Temporary Medical Personnel

Assigned exclusively toDevoted exclusively to medical purposes formedical purposes for an indeterminatelimited periods during period. the whole of such periods.

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Definition
a.

Military medical personnel

The religious, medical and hospital personnel of hospitals ships and their crews shall be respected and protected; they may not be captured during the time they are in service of the hospital ship, whether or not there are wounded and sick on board.
Article 36 of Convention II

The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons shall, if they fall into the hands of the enemy, be respected and wounded; they may continue to carry out their duties as long as necessary for the care of the wounded and sick.

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Article 37 of Convention II

Definition
b. Civilian medical personnel assigned by a Party to the conflict
Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected. In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, waterresistant armlet which they shall wear on the left arm while carrying out their duties.

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Article 20 of Convention IV

c. Religious personnel attached to the armed forces or medical units

Definition

Religious personnel means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:

i.

To the armed forces of a Party to the conflict; To medical units or medical transports of a Party to the conflict;
Article 8 of Protocol 1

ii.

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d. Medical personnel made available by third states or organizations to a Party to the conflict Medical personnel made available
to a Party to the conflict for humanitarian purposes:
a.

Definition

By a neutral or other State which is not a Party to that conflict; By a recognized and authorized aid of such a State; By an impartial international humanitarian organization

b.

c.

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Definition
e. Personnel of a National Society recognized and specifically authorized by a Party to the conflict

The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24, provided that the staff of such societies are subject to military laws and regulations.
Article 26 of Convention I

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On the battlefield (including the inhabitants of the combat zone)

a.
1.

Protection

Civilian medical personnel shall be respected and protected.

1.

If needed, all available help shall be afforded to civilian medical personnel in an area where civilian medical services are disrupted by treason of combat activity.

1.

Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conflict may deem necessary.

1.

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Civilian religious personnel shall be respected and protected. The provisions of the Convention and of this Protocol concerning the protection and

On the battlefield (including the inhabitants of the combat zone)

a.
1.

Protection

Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

1.

Persons engaged in medical shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions.

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Article 16 of Protocol 1

On the battlefield (including the inhabitants of the combat zone)

a.
3.

Protection

No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Regulations for the compulsory notification of communicable diseases shall, however, be respected.

Article 16 of Protocol 1

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Protection
b. Once fallen into enemy hands

Personnel designated in Art. 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and number of prisoners of war require. 7/9/12

Protection
b. Once fallen into enemy Members handsof the personnel designated in Article 25 who have

fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.
Article 29 of Convention I

Personnel whose retention is not indispensable by virtue of the provisions of Art. 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit. On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them. The selection of personnel for return under Article 30 shall be made irrespective of race, religion or political opinion, but preferably according 7/9/12 chronological order of their capture and their state of health. to the

b. Once fallen Protection into enemy hands

Military Medical Personnel Shall be deemed prisoners of war. Civilian Medical Personnel Shall not be deemed prisoners of war. Shall be retained only in so far as the state of health, the spiritual needs and number of prisoners of war require Shall be employed on their medical duties in so far as the need arises. Shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong.

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c. Under control of the enemy

The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that, in the performance of those functions, such personnel shall give priority to the treatment of any person except on medical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission. Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conflict may deem necessary.
Article 15 of Protocol 1

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c. Under control of the enemy

Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions. No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Regulations for the compulsory notification of communicable diseases shall, however, be respected.
Article 16 of Protocol 1

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Duties of the Medical Personnel

a.

No direct participation in hostilities Respect of Medical Ethics Give care without discrimination Respect principle of neutrality Identification

b.

c.

d.

e.

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Duties of the Medical Personnel e. Identification

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IV. Protection of Medical Goods and Objects (Including Hospitals, Ambulances, etc.)
General rule: Respected and protected by the Parties to the conflict at all times. Should not be subject to attack Shall not be used in an attempt to shield military objects from attack

Exception: Protection shall end when medical goods and objects are used to commit acts harmful to the enemy There should be a warning given setting a reasonable time-limit in misuse and abuse of 7/9/12 medical installations and only after such warning

Protection
Exception to the exception:
1.

Armed and use the arms in their own defense or the wounded and sick in their charge. Absence of armed orderlies, unit or establishment is protected by a picket, or by sentries or by an escort. Small arms & ammunition taken from the wounded & sick and not yet handed to the proper service, are found in the unit or establishment. Personnel and material of veterinary service are found in the unit, without forming an integral part thereof. That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick.

1.

2.

3.

4.

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Protection
Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units. Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain. The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law.

Article 35 of Convention 1 [Rules 28,29 and 30 of CIHL]

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The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.

Loss of Protection

Article 21 of Convention 1

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In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary. The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.
Article 23 of Convention I

V. Possible Constitution of Hospital, Safety, and Neutralized Zones

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VI. The Emblem of the Red Cross/ Red Crescent

3 Emblems:
Red Cross Red Crescent Red Lion and sun on a white background

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Red Lion and Sun on the Background

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VI. The Emblem of the Red Cross/ Red Crescent

1.

Protective Use Emblem should be Large and visible in times of armed conflict Symbol of protection conferred by international humanitarian law Used for medical purposes only

-.

-.

-.

a. Distinguish medical personnel and units - shall use the emblem of the Red Cross/Red Crescent through armlets and carry identity cards b. Displayed with permission and under control of competent authority c. ICRC and National Federations use the emblems at anytime for all their activities 7/9/12

VI. The Emblem of the Red Cross/ Red Crescent

2. Indicative use -

Small in size
Used during peacetime Does not signify protection Shows that a person or object is linked to the National Society

Repression of Abuse and Misuse

Art. 8: strict compliance with the rules governing the use of the emblem of the Red Cross or Red Crescent shall at all times be ensured. 7/9/12

VI. The Emblem of the Red Cross/ Red Crescent

Abuse & misuse of these emblems constitute to war and crime. They should not be imitated nor used for private or commercial purposes.

Misuse and abuse of the emblem shall be punished by imprisonment and/or payment depending on the severity of the rules on usage of the emblem.

Authorities shall have the right to enforce necessary measure with 7/9/12

VI. The Emblem of the Red Cross/ Red Crescent

The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53.

Article 54 of Convention I

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VII. Provisions on the Dead and Missing to know the right of families
fate of their relatives
A lawfully detained person can not be missing for long, as detaining authorities are also under an obligation to answer inquiries about protected persons. If alive- detained by the enemy or free, but separated from their families by frontlines or borders. If dead-there is no obligation for each party to identify every dead body found. 7/9/12