القاعدة ذات الصلة
Australia
Practice Relating to Rule 110. Treatment and Care of the Wounded, Sick and Shipwrecked
Section A. Medical care
Australia’s Commanders’ Guide (1994) provides: “Wounded, sick and shipwrecked combatants are to be afforded necessary medical care.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 622.
The manual also provides: “Civilians in enemy territory are protected persons and as such must be afforded necessary medical treatment.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 609.
Australia’s Defence Force Manual (1994) provides that “parties to a conflict must take all possible measures to … ensure … care” of the wounded, sick and shipwrecked.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 986.
The manual adds that wounded, sick and shipwrecked combatants shall not be “left without proper medical care and attention, or … exposed to conditions which might result in contagion or infection”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 990(b)–(c).
Australia’s LOAC Manual (2006) states:
9.91 The parties to a conflict must take all possible measures to search for and collect the wounded, sick and shipwrecked … and to ensure their care.
…
9.95 Sick, wounded and shipwrecked combatants are to be protected and respected, treated humanely, and cared for by any detaining power without any adverse discrimination … They shall not be:
…
• left without proper medical care and attention, or
• exposed to conditions which might result in contagion or infection.
…
9.98 A party to an armed conflict if compelled to abandon wounded and sick must, so far as military considerations permit, leave medical personnel and equipment to care for those left behind.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.91, 9.95 and 9.98; see also § 6.68.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
The briefing notes prepared by the Office of the Attorney General of Australia and cleared by the Defence Forces for debate on the 1991 Geneva Conventions Amendment Bill stated that the 1977 Additional Protocol II had produced some important principles, including “general duties of care for the wounded and sick”.
Australia, Department of Foreign Affairs and Trade, Geneva Protocols: Geneva Convention Amendment Bill, Doc. DFAT-92/013031 Pt 8, 13 February 1991, p. 2.
