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LAW 549. Treatment of the Wounded, Sick and Shipwrecked. OUTLINE. Understand the meanings of wounded, sick, shipwrecked Know standards for medical care Identify protected symbols for medical personnel, vehicles and establishments Understand protections for medical personnel and facilities.
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LAW 549 Treatment of the Wounded, Sick and Shipwrecked
OUTLINE • Understand the meanings of wounded, sick, shipwrecked • Know standards for medical care • Identify protected symbols for medical personnel, vehicles and establishments • Understand protections for medical personnel and facilities
Wounded and Sick Status “Wounded & Sick”: Any person • military or civilian • in need of medical assistance or care • because of trauma, disease or other physical or mental disorder or disability, • who refrains from any act of hostility (see AP I Art. 8, GC I Arts. 12&13 and GC II Arts. 12&13)
Shipwrecked Status “Shipwrecked”: Any person • military or civilian • in peril at sea or in other waters • as a result of misfortune affecting them or the vessel or aircraft carrying them • who refrains from any act of hostility (see AP I Art. 8 and GC II Art. 12)
Shipwrecked vsAmphibious Landing Entering Combat Hors de Combat
Parachuting vs Parachutist Entering Combat Hors de Combat
Behaviour in Action • All parties to conflict are obliged to take all measures • to search, collect and care for wounded, sick, shipwrecked and dead • Important distinction: this obligation exists • during land warfare at all times • at sea only after an engagement
Standard of Treatment • The wounded, sick & shipwrecked shall be • respected • treated humanely • cared for • protected • without any adverse distinction • Attempts upon their lives and violence against their persons are a serious breach
Priority of Treatment • Only urgent medical reasons will justify priority in the order of treatment to be administered. • There shall be no distinction among persons founded on any grounds other than medical. (see GCs I&II Art. 12 and AP I Art. 10)
Standard of Treatment • Prohibited: • any medical procedure • not indicated by the medical condition of the person, or • inconsistent with medical standards
Surgical Procedures • A wounded person has the right to refuse any surgical operation • Unconsciousness is implied consent
Standard of Treatment • Grave breaches of the Geneva Conventions • Any willful act or omission that seriously endangers the physical or mental health or integrity of any person in the power of an adverse party GC I Art. 50, GC II Art. 51 and AP I Art. 11
Medical Personnel, Establishments and Units “Medical personnel” means: • military or civilian • assigned exclusively to medical purposes • (including administration of medical units or operation or administration of medical transports) • Such assignment can be permanent or temporary AP I Art. 8
Medical Personnel, Establishments and Units “Medical units” are: • military or civilian • organized for medical purposes Can be: • fixed or mobile • permanent or temporary • e.g. hospitals, blood transfusion centres, preventative medicine centres, medical transport locations, medical depots, pharmaceutical stores
Protected Status • Medical personnel, establishments and transports • military or civilian • shall be respected and protected at all times • shall not be objects of attack • Protection also applies to: • military chaplains • civilian religious personnel & objects
Loss of Protected Status Medical personnel, establishments, transports and religious personnel and objects shall be protected UNLESS: • used to commit acts harmful to adverse party (outside humanitarian duties) • protection may cease only after due warning given to offending party (if circumstances permit)
The Distinctive Emblems Additional Protocol III
The Distinctive Emblem • All medical personnel, establishments, transports and religious personnel must: • clearly display the distinctive emblem of the Red Cross, Red Crescent or Red Crystal • Applies to permanent and temporary personnel and objects
Camouflage • Military authorities may: • use camouflage to disguise the location of protected objects and • direct the distinctive emblem not be displayed (if military considerations require) • Camouflage will increase the risk that protected objects will be incorrectly identified as legitimate military objectives and attacked.
Weapons & Guards • Medical and religious personnel may be armed: • with light individual weapons • for their own protection or for that of the wounded and sick in their charge • Medical establishments and transports may be protected by: • armed orderlies • a picket • sentries • an escort
Hospital Ships Ships built or equipped specially and exclusively to assist, care for and transport the wounded, sick and shipwrecked
Hospital Ships Protected Status: • Ships and lifeboats must be painted white with large red distinctive emblem on the hull and horizontal surfaces • Must fly distinctive emblem from mainmast along with national flag
Protected Status of Hospital Ships Hospital Ships shall not be attacked or captured • HMHS Dover and HMHS Llandovery Castle Cases
Medical Aircraft “Medical Aircraft” means: • any medical transports by air (see AP I Art. 8) • May be: • military or civilian • permanent or temporary • Must be: • assigned exclusively to medical transportation • under control of a competent authority of a party to the conflict
Tactical Medical Evacuation • Tactical medical helicopters may be used anywhere and at any time • Entitled to protection if bearing the distinctive emblem
Missing and Dead Persons Each party shall search for those reported missing by the adverse party • as soon as circumstances permit • immediately upon the end of hostilities
Treatment of the Dead • The dead shall be identified • One half of the double identity disc, or the identity disc itself, should remain on the body (or in urn containing the ashes) • Bodies shall NOT be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased
Treatment of the Dead (cont.) • Remains of pers who have died for reasons relating to occupation or hostilities shall be respected • Gravesites shall be respected, maintained & marked • As soon as circumstances permit, parties shall conclude agreements re access to graves, protection of graves, & repatriation of remains and pers effects