Practice Relating to Rule 26. Medical Activities
Section B. Respect for medical secrecy
Spain’s LOAC Manual (1996) states, with reference to Article 16 of the 1977 Additional Protocol I and Article 10 of the 1977 Additional Protocol II, that medical personnel have the following right:
Prohibition on being compelled to provide information concerning the wounded and sick in their care. This rule is absolute with respect to the relationship between medical personnel and enemy wounded or sick, but when the wounded or the sick are of their own side, they are subject to national law. A general exception is related to the compulsory provision of information regarding communicable diseases.
Spain’s LOAC Manual (2007) states:
Persons engaged in medical activities must not be compelled to give information concerning the wounded and sick under their care. This rule is absolute in the case of medical personnel treating enemy wounded and sick. Medical personnel treating their own wounded and sick must, however, comply with domestic legislation. A general exception to this rule is the compulsory notification of communicable diseases.
The manual further states with regard to the status of the medical personnel of an occupied State:
- They are not required to provide information to the occupying army.
- They are not required to provide information to their own party, except:
- as required under domestic legislation
- in the case of communicable diseases.