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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 23, 20242024-05-23T14:51:53+05:30 2024-05-23T14:51:53+05:30In: INTERNATIONAL HUMANITARIAN LAW

Discuss the law relating to the protection of sick wounded and shipwrecked in war.

Discuss the law relating to the protection of sick wounded and shipwrecked in war.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-23T14:54:10+05:30Added an answer on May 23, 2024 at 2:54 pm

      The protection of the sick, wounded, and shipwrecked during armed conflict is a fundamental aspect of International Humanitarian Law (IHL), primarily governed by the Geneva Conventions and their Additional Protocols. These provisions aim to ensure humane treatment, medical care, and respect for those who are hors de combat (out of the fight) due to injury or shipwreck.

      Geneva Conventions Provisions

      1. First Geneva Convention (1949): This convention specifically deals with the amelioration of the condition of wounded and sick members of armed forces in the field. It mandates that:

        • Wounded and sick soldiers must be respected and protected in all circumstances (Article 12).
        • They must receive adequate medical care without any adverse distinction based on race, nationality, religion, or other criteria (Articles 12 and 15).
        • Medical personnel, establishments, and units should be respected and protected, and should not be attacked (Articles 24-26).
      2. Second Geneva Convention (1949): This convention extends protections to wounded, sick, and shipwrecked members of armed forces at sea. Key provisions include:

        • Shipwrecked, wounded, and sick naval forces must be respected and protected (Article 12).
        • All efforts must be made to collect and care for the wounded, sick, and shipwrecked (Article 18).
        • Hospital ships and coastal rescue craft should be respected and protected, provided they do not commit acts harmful to the enemy (Articles 22-25).

      Additional Protocols

      1. Additional Protocol I (1977): Relating to international armed conflicts, this protocol reinforces the protection of the wounded, sick, and shipwrecked:

        • It expands the definition to include civilians who are wounded, sick, or shipwrecked in situations of international armed conflict (Article 8).
        • It mandates that parties to the conflict must ensure that the wounded and sick receive the medical care and attention required by their condition, to the fullest extent practicable and with the least possible delay (Article 10).
        • It reiterates the protection of medical units and personnel, emphasizing that they must not be attacked and must be allowed to perform their duties (Articles 12 and 15).
      2. Additional Protocol II (1977): Relating to non-international armed conflicts, this protocol also provides protections:

        • It ensures humane treatment for all persons who are not taking part in hostilities, including the wounded and sick (Article 4).
        • It requires that the wounded and sick be collected and cared for without adverse distinction (Article 7).

      Key Principles and Protections

      1. Humane Treatment: At all times, the wounded, sick, and shipwrecked must be treated humanely and protected against violence, intimidation, and ill-treatment.

      2. Non-Discrimination: Medical care must be provided without any adverse discrimination. The wounded and sick should receive care based on medical need alone.

      3. Respect and Protection of Medical Personnel: Medical personnel, units, and transports are to be respected and protected. They are to be allowed to perform their medical duties without interference, and attacks against them are strictly prohibited.

      4. Search and Rescue: Parties to a conflict are required to search for and collect the wounded, sick, and shipwrecked after engagements, ensuring they receive the necessary care.

      5. Medical Ethics: Medical personnel must act in accordance with medical ethics, providing care to the wounded and sick impartially.

      In summary, the protection of the sick, wounded, and shipwrecked in war under IHL ensures their humane treatment, prompt medical care, and respect for medical personnel and facilities. These rules aim to alleviate the suffering of those affected by armed conflicts, reflecting the core humanitarian principles of IHL.

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