LAW 549

1. LAW 549 Treatment of the Wounded, Sick and Shipwrecked

2. 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

3. 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)

4. 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)

5. Shipwrecked vsAmphibious Landing Entering Combat Hors de Combat

6. Parachuting vs Parachutist Entering Combat Hors de Combat

7. 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

8. 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

9. 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)

10. Standard of Treatment • Prohibited: • any medical procedure • not indicated by the medical condition of the person, or • inconsistent with medical standards

11. Surgical Procedures • A wounded person has the right to refuse any surgical operation • Unconsciousness is implied consent

12. 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

13. 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

14. 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

15. 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

16. 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)

17. The Distinctive Emblems Additional Protocol III

18. 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

19. 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.

20. 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

21. Hospital Ships Ships built or equipped specially and exclusively to assist, care for and transport the wounded, sick and shipwrecked

22. 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

23. Protected Status of Hospital Ships Hospital Ships shall not be attacked or captured • HMHS Dover and HMHS Llandovery Castle Cases

24. 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

25. Tactical Medical Evacuation • Tactical medical helicopters may be used anywhere and at any time • Entitled to protection if bearing the distinctive emblem

26. 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

27. 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

28. 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

29. QUESTIONS?