Practice Relating to Rule 87. Humane Treatment
Section C. Wounded and sick
The Russian Federation’s Military Manual (1990) provides that belligerents are obliged to ensure the legal protection of war victims, namely the wounded, sick and shipwrecked.
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Under any circumstances international humanitarian law ensures humane treatment during an armed conflict of persons not directly involved in combat operations, including those who have been rendered hors de combat
by sickness [or] injury.
With regard to internal armed conflict, the Regulations states: “All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected. In all circumstances they shall be treated humanely.”
In 1995, in its judgment in the Situation in Chechnya case
, the Russian Federation’s Constitutional Court recognized the applicability of the 1977 Additional Protocol II to the conflict in Chechnya. While noting that amendments to domestic legislation to ensure its application had not been adopted, the Court stated: “Nevertheless, provisions of [the 1977 Additional Protocol II] regarding the humane treatment of … [the] wounded [and] sick … must be respected by both parties to the armed conflict.”