相关规则
Canada
Practice Relating to Rule 25. Medical Personnel
Canada’s LOAC Manual (1999) defines medical personnel as follows:
“Medical personnel” are those persons, military or civilian, assigned exclusively to medical purposes or to the administration of medical units, or the operation or administration of medical transports. Such assignment may be permanent or temporary. In addition to doctors, dentists, nurses, medical orderlies, and hospital administrators, “medical personnel” includes personnel of national Red Cross and other voluntary aid societies recognized and authorized by a party to the conflict. The term also includes medical personnel attached to civil defence units, any persons made available for humanitarian purposes by a neutral state, a recognized and authorized aid society of such a state, or an impartial international humanitarian organization. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-3, § 27.
The manual states: “Medical … personnel, both military and civilian, have protected status and thus shall not be attacked. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-5, § 41.
The manual further states: “Humanitarian aid societies, such as the Red Cross or Red Crescent Societies, who on their own initiative, collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas, shall not be made the object of attack.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-6, § 53.
With respect to non-international armed conflicts in particular, the manual states: “Medical … personnel are to be respected and protected at all times [and] receive all available aid to enable them to fulfil their duties.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-4, § 34.
Rule 10 of Canada’s Code of Conduct (2001) states:
There are two categories of medical personnel: permanent and temporary. Permanent medical personnel include doctors, nurses and medical assistants who are engaged exclusively in the collection, transport or treatment of the sick or wounded, or in the prevention of disease; staff exclusively engaged in the administration of medical units and establishments; and chaplains attached to the armed forces. These people shall be respected and protected. They must not be attacked. … If captured, permanent medical personnel and chaplains, although detained, will continue to care for their sick and wounded. If there is no such medical requirement, they are to be released and returned to their own forces. Temporary medical personnel may be employed on a part-time basis as hospital orderlies or temporary stretcher bearers in the search for and collection, transport and treatment of the sick and wounded. Part-time medical personnel are protected when they are carrying out those duties and shall not be the object of attack … Captured temporary medical personnel who are detained may be employed on medical duties. Unlike permanent medical personnel, temporary medical personnel do not have to be released to their side even if there is no medical requirement for their services.
Under the Law of Armed Conflict, the International Committee of the Red Cross (ICRC) has a special role and status. The ICRC may undertake to care for the wounded and sick. The ICRC is an independent humanitarian institution. As a neutral intermediary in the event of armed conflict it endeavours, on its own initiative or on the basis of the Geneva Conventions, to bring protection and assistance to the victims of armed conflict. Members of the ICRC wear the distinctive emblem. As such, they must be protected at all times.
NGOs such as CARE and Médecins Sans Frontières (Doctors Without Borders) might wear other recognizable symbols. The symbols used by CARE, MSF and other NGOs do not benefit from international legal protection, although their work in favour of the victims of armed conflict must be respected. Upon recognition that they are providing care to the sick and wounded, NGOs are also to be respected. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 10, §§ 2–3, 7 and 9.
Canada’s LOAC Manual (2001) states in its chapter entitled “Combatant Status”:
1. Personnel of the armed forces permanently assigned to medical activities, to the administration of medical units and to medical transport (“medical duties”) are non-combatants. They may not be attacked. If captured, permanent medical personnel will be returned to their own armed forces unless they are retained by the detaining power to assist PWs [prisoners of war].
2. Personnel of the armed forces temporarily assigned to medical duties during a limited period of time, such as stretcher-bearers, are non-combatants when engaged in such duties. They may not be attacked while engaged in medical duties. If captured, temporary medical personnel become PWs. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 311.
In its chapter on targeting, the manual states:
Medical and religious personnel, both military and civilian, have protected status and thus shall not be attacked. These persons wear the Red Cross or Red Crescent … and carry identity cards which identify them as protected persons. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 432.
The manual further states:
Humanitarian aid societies, such as the Red Cross or Red Crescent Societies, who on their own initiative, collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas, shall not be made the object of attack. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 438.
In its chapter on the treatment of the wounded, sick and shipwrecked, the manual states:
“Medical personnel” are those persons, military or civilian, assigned exclusively to medical purposes or to the administration of medical units, or the operation or administration of medical transports. Such assignment may be permanent or temporary. In addition to doctors, dentists, nurses, medical orderlies, and hospital administrators, “medical personnel” includes personnel of national Red Cross and other voluntary aid societies recognized and authorized by a party to the conflict. The term also includes medical personnel attached to civil defence units, any persons made available for humanitarian purposes by a neutral state, a recognized and authorized aid society of such a state, or an impartial international humanitarian organization. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 914.1.
In its chapter entitled “Treatment of civilians in the hands of a party to the conflict or an occupying power”, the manual states:
3. Protection and respect must be extended to persons regularly and solely engaged in the operation and administration of civilian hospitals. Included in this category are persons engaged in the search for, removal, transport and care of wounded and sick civilians. In occupied territory and in zones of military operations such personnel must carry an identity card certifying their status, bearing the photograph of the holder and stamped by the responsible authority. The belligerents must also issue to them special armlets (bearing the Red Cross or equivalent emblem), to be worn while they are carrying out their duties.
4. Other persons, engaged in the operation and administration of civilian hospitals, are entitled to protection, and to wear the armlet while employed on their duties. Their identity cards must state what those duties are. The management of each hospital must hold at the disposal of the competent national or occupying authorities an up-to-date list of the personnel employed in the hospital. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1111.3–4.
In its chapter on non-international armed conflicts, the manual states: “Medical and religious personnel are to be respected and protected at all times [and to] receive all available aid to enable them to fulfil their duties.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1719.2.
In its glossary, the manual notes the following as “medical duties”:
a. the search for the wounded, sick and shipwrecked;
b. the collection, transportation, diagnosis or treatment (including first aid treatment) of the wounded, sick and shipwrecked; and
c. medical activities for the prevention of disease. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, Glossary, p. GL-11.
Rule 10 of Canada’s Code of Conduct (2005) states:
Medical and Protected Personnel
2. There are two categories of medical personnel: permanent and temporary. Permanent medical personnel include doctors, nurses and medical assistants who are engaged exclusively in the collection, transport or treatment of the sick or wounded, or in the prevention of disease; staff exclusively engaged in the administration of medical units and establishments; and chaplains attached to the armed forces. These people shall be respected and protected. They must not be attacked … If captured permanent medical personnel and chaplains although detained, will continue to care for their sick and wounded. If there is no such medical requirement, they are to be released and returned to their own forces.
3. Temporary medical personnel may be employed on a part-time basis as hospital orderlies or temporary stretcher bearers in the search for and collection, transport and treatment of the sick and wounded. Part-time medical personnel are protected when they are carrying out those duties and shall not be the object of attack … Captured temporary medical personnel who are detained may be employed on medical duties. Unlike permanent medical personnel, temporary medical personnel do not have to be released to their side even if there is no medical requirement for their services.
International Committee of the Red Cross
7. Under the Law of Armed Conflict, the International Committee of the Red Cross (ICRC) has a special role and status. The ICRC may undertake to care for the wounded and sick. The ICRC is an independent humanitarian institution. As a neutral intermediary in the event of armed conflict it endeavours, on its own initiative or on the basis of the Geneva Conventions, to bring protection and assistance to the victims of armed conflict. Members of the ICRC wear the distinctive emblem. As such, they must be protected at all times.
Non-Governmental Organizations
9. NGOs such as CARE and Médecins Sans Frontières (Doctors Without Borders) might wear other recognizable symbols. The symbols used by CARE, MSF and other NGOs do not benefit from international legal protection, although their work in favour of the victims of armed conflict must be respected. Upon recognition that they are providing care to the sick and wounded, NGOs are also to be respected. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 10, §§ 2–3, 7 and 9.
In 2011, in a statement before the UN Security Council during an open debate in connection with the agenda item “Children and Armed Conflict”, the deputy permanent representative of Canada stated on behalf of the Group of Friends of Children and Armed Conflict:
The Friends Group is pleased with the work undertaken by the Security Council, in the last few years, in progressively strengthening the protection framework for children affected by armed conflict. …
Members of the Friends Group have reliably called on the Security Council to strengthen its protection framework even more and consistently called for all six grave violations committed against children in armed conflict to be included amongst the Security Council Resolution 1612 [of 2005] listing criteria. The Friends Group has supported a progressive approach in this regard and therefore commends the Security Council in filling an important gap in the child protection framework by including attacks against schools and hospitals as the latest trigger through the resolution it will adopt today [Resolution 1998(2011)].
For the Friends Group, a new trigger such as this not only includes in the annexes to the Secretary General’s reports on children and armed conflict those parties to armed conflict that, in contravention of applicable international law, engage in attacks against schools and hospitals, but also those who engage in threats or attacks against schoolchildren, patients, educational or medical personnel. 
Canada, Statement by the deputy permanent representative of Canada before the UN Security Council during an open debate in connection with the agenda item “Children and Armed Conflict”, made on behalf of the Group of Friends of Children and Armed Conflict, 12 July 2011.
In 2012, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the permanent representative of Canada stated:
The Secretary General and the International Committee of the Red Cross highlight the fact that health care providers and facilities continue to come under attack in situations of conflict and violence. … Humanitarian workers, including medical volunteers, have lost their lives in the performance of their duties. 
Canada, Statement by the permanent representative of Canada before the UN Security Council during an open debate on the protection of civilians in armed conflict, 25 June 2012.
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the permanent representative of Canada stated:
The brutal conflict in Syria represents a stark example of how much work remains to be achieved to better protect civilians who are routinely victims of deliberate and targeted attacks, as are hospitals, medical facilities and health care workers. The result is that people in desperate need are denied lifesaving humanitarian assistance. … Canada calls on all parties to the conflict in Syria to refrain from attacking civilians and other protected persons and facilities in conformity with their obligations under international law. 
Canada, Statement by the permanent representative of Canada before the UN Security Council during an open debate on the protection of civilians in armed conflict, 19 August 2013, p. 1.
Canada’s LOAC Manual (1999) lists among the conditions not depriving medical units of their protection the fact “that the personnel of the medical unit are armed for their own defence or that of the wounded and sick in their charge”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-9, § 91(a).
Canada’s Code of Conduct (2001) provides: “Personnel of a medical unit or establishment may be armed with small arms and may use those arms in defence of themselves or of the wounded and sick under their charge.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 10, § 6.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
447. Medical units and establishments
3. The protection to which medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy …
4. The following are not considered “acts harmful to the enemy” and do not deprive medical units of protection:
a. that the personnel of the medical unit are armed for their own defence or that of the wounded and sick in their charge;
448. Medical transports
2. Medical transports should not be armed (i.e., crew-served weapons) because of the danger that they may be mistaken as fighting vehicles. Medical personnel in the medical transports can, however, retain their personal weapons. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 447.3, 4.a and 448.2.
Canada’s Code of Conduct (2005) provides:
Personnel of a medical unit or establishment may be armed with small arms and may use those arms in defence of themselves or of the wounded and sick under their charge. Pickets or sentries equipped with small arms consisting of non-medical personnel, can be used without adversely affecting the protected status of the medical establishment or unit. As a general rule medical transports should not have any weapons “mounted” on them to avoid being mistaken for fighting vehicles. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 10, § 6.