Protection of wounded sick and shipwrecked

1. Protection of wounded sick and shipwrecked KarnaThapa Faculty of Law Tribhuvan University Email: Advkarna_thapa@yahoo.com

2. Protected Persons (Article 13 GC I, II) Category of protected persons • Members of the armed forces, members of militias or volunteer corps forming part of such armed force 2. Members of other militias or volunteer corps including those of organized resistance movements, belonging to the party to the conflict and operating in or outside their territory, even if this territory is occupied, provided that such militia or volunteer corps including such organized resistance movements, fulfill the following conditions:

3. that of being commanded by a person responsible for his subordinates • that of having a fixed distinctive sign recognizable at a distance • that of carrying arms openly • that of conducting their operations in accordance with the laws and customs of war • Members of regular armed forces who profess allegiance to a government or an authority not recognized by Detaining Power

4. 3. 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 or of services responsible for welfare of armed forces, provided that they have received authorization from the armed forces which they accompany.

5. 4. Members of regular armed forces who profess allegiance to a government or an authority not recognized by Detaining Power 5. Members of crews, including masters, pilots, and apprentices of the merchant marine and the crews of civil aircrafts of the parties to the conflict who do not benefit any more favourable treatment under any other provision in international law.

6. 6. Inhabitants of non occupied territory who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

7. What wounded and sick mean? • “Wounded” and “sick” mean person, whether military or civilian, who, because of trauma, disease or physical or mental disorder or disability, are in medical assistance or care and who refrain from any act of hostility. These terms “wounded” and “sick” 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 (sick) or expectant mothers and who refrain from any act of hostility.( Article 8 Protocol I)

8. “Shipwrecked” persons military or civil, who are in peril at sea or in other waters as a result of misfortune affecting them or 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 Convention or this Protocol (Article 8.b)

9. Search for casualties: (Article 15 GC I, Article 18 GC II, Article 8 Protocol II) • Parties to the conflict after each engagement, without any delay have to take all possible measures to search for and collect the wounded, sick and shipwrecked to protect them against pillage and ill treatment, to ensure their adequate care and to search for the dead and their being despoiled. • Whenever the circumstances permit an armistice or suspension of fire shall be arranged or local arrangement made to permit the removal, exchanges or transport of wounded left in the battlefield.

10. Search for Missing: (Article 32,33 Protocol I) • Whenever the circumstances permit, each party to the conflict shall search for the persons who have been reported missing by an adverse party. Such adverse party shall transmit all relevant information concerning such persons in order to facilitate such searches. • Information about the missing persons shall be transmitted either directly or through the protecting power or the Central Tracing Agency of ICRC or national Red cross (Red Crescent, Red Lion and Red Sun)

11. Protection and Care(Article 12 GC I, II) • Members of armed forces other persons mentioned in this convention, who are wounded and sick, are to be respected and protected in all circumstances. (Article 12, GC I), Article 10 Protocol I) • Wounded and sick are to be treated humanely and cared for by the party to the conflict without any adverse distinction founded on sex, religion, race, nationality, religion, political opinion or any other similar criteria.

12. No priority be given to anyone except in the case of medical urgency • Women are treated with all consideration due to their sex

13. Strictly prohibited acts; • Physical mutilation • Any attempts upon their lives, or violence to their persons • Murder or extermination • Torture • Biological experiments/ medical scientific experiments • Willful abandonment without medical assistance and care • Abandonment in condition exposing them to contagion or infection

14. Prohibition of Reprisals: (Article 46 GC I, Article 47 GC II) • Reprisals against wounded, sick, personnel, buildings or equipment protected by the convention are prohibited. • Status of wounded and sick in the power of enemy force: • Wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and provisions of the international law concerning the prisoners of war shall apply to them

15. Recording and forwarding of information: Information to be recorded those shall include; a. designation of the power on which he depends b. army, regimental, personal or serial number c. surname d. first name or names e. date of birth f any other particulars shown in his identity cards or disks g. date and place of capture or death h. particulars concerning wounds or illness or cause of death

16. Information related to wounded and sick can be passed through • Information Bureau described in Article 122 of GC III. • protecting power and • Central Prisoners of war Agency. • Central Tracing Agency of ICRC

17. Other necessary things, Parties have to forward; • death certificates, • duly authenticated list of dead, • identity disc, • last wills other important documents, • money and all articles of an intrinsic or sentimental values.