Practice Relating to Rule 109. Search for, Collection and Evacuation of the Wounded, Sick and Shipwrecked

Geneva Convention (1864)

Article 6 of the 1864 Geneva Convention provides: “Wounded or sick combatants, to whatever nation they may belong, shall be collected.”

Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, Geneva, 22 August 1864, Article 6.

Hague Convention (IX)

Article 16 of the 1907 Hague Convention (X) provides: “After every engagement, the two belligerents, so far as military interests permit, shall take steps to look for the shipwrecked.”

Hague Convention (IX) concerning Bombardment by Naval Forces in Time of War, The Hague, 18 October 1907, Article 16.

Geneva Conventions (1949)

Common Article 3 of the 1949 Geneva Conventions provides: “The wounded and sick shall be collected.”

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 3; Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 3; Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 3; Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 3.

(Article 3 of the 1949 Geneva Convention II adds the shipwrecked)

Geneva Convention I

Article 4 of the 1949 Geneva Convention I provides:

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found.

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 4.

Geneva Convention I

Article 15 of the 1949 Geneva Convention I provides:

At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick …

Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.

Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 15.

Geneva Convention II

Article 5 of the 1949 Geneva Convention II provides:

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.

Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 5.

Geneva Convention II

Article 18 of the 1949 Geneva Convention II provides:

After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick …

Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.

Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 18.

Geneva Convention II

Article 21, first paragraph, of the 1949 Geneva Convention II provides: “The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons”.

Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 21, first para.

Geneva Convention IV

According to Article 13 of the 1949 Geneva Convention IV, the obligation to search and care for the wounded applies to the “whole population of the countries in conflict”.

Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 13.

Geneva Convention IV

Article 16, second paragraph, of the 1949 Geneva Convention IV provides: “As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the … wounded”.

Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 16, second para.

Geneva Convention IV

Article 17 of the 1949 Geneva Convention IV provides:

The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded [and] sick … and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.

Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 17.

Additional Protocol I

Article 19 of the 1977 Additional Protocol I provides that neutral and other States not parties to the conflict shall apply the provisions of the Protocol to the wounded, sick and shipwrecked of the armed forces of the parties to the conflict.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 19. Article 19 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.37, 24 May 1977, p. 71.

Additional Protocol II

Article 8 of the 1977 Additional Protocol II provides: “Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked”.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 8. Article 8 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.51, 3 June 1977, p. 110.

NATO Standardization Agreement 2067

Paragraph 7(b)(2) of the 1987 NATO Standardization Agreement 2067 provides: “Stragglers requiring medical care should be treated and, if necessary, evacuated through medical channels.”

Standardization Agreement 2067, Edition 5, Control and Return of Stragglers, North Atlantic Treaty Organization, Military Agency for Standardization, Brussels, 10 June 1987, § 7(b)(2).

II. Other Instruments

Oxford Manual

The 1880 Oxford Manual provides:

Art. 10 Wounded and sick soldiers should be brought in and cared for, to whatever nation they belong.

Art. 11. Commanders in chief have power to deliver immediately to the enemy outposts hostile soldiers who have been wounded in an engagement, when circumstances permit and with the consent of both parties.

Art. 12. Evacuations, together with the persons under whose direction they take place, shall be protected by neutrality.

The Laws of War on Land, adopted by the Institute of International Law, Oxford, 9 September 1880, Articles 10–12.

Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia

Paragraph 1 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia provides: “All wounded and sick on land shall be treated in accordance with the provisions of the First and Second Geneva Conventions of 12 August 1949.”

Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 1.

Hague Statement on Respect for Humanitarian Principles

In the 1991 Hague Statement on Respect for Humanitarian Principles, the Presidents of the six republics of the former Yugoslavia undertook “to apply the following fundamental principles: wounded and ill persons must be helped and protected in all circumstances”.

Statement on Respect for Humanitarian Principles, signed by the Presidents of the Six Republics of the former Yugoslavia, The Hague, 5 November 1991.

Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina

Paragraph 2.1 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina provides: “The treatment provided to the wounded, sick and shipwrecked shall be in accordance with the provisions of the First and Second Geneva Conventions of 12 August 1949.”

Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.1.

Agreement No. 3 between the Parties to the Conflict in Bosnia and Herzegovina on the ICRC Plan of Action

Section III(2)(b) of the 1992 Agreement No. 3 between the Parties to the Conflict in Bosnia and Herzegovina on the ICRC Plan of Action provides: “Appropriate measures will be taken to permit the evacuation of the wounded, the sick and other vulnerable persons.”

Agreement No. 3 between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representative of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community) on the ICRC Plan of Action, Geneva, 6 June 1992, § III(2)(b).

Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines

Article 4(2) and (9) of Part IV of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides that the wounded and sick shall be searched for and collected.

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, The Hague, 16 March 1998, Part IV, Article 4(2) and (9).

UN Secretary-General’s Bulletin

Section 9.2 of the 1999 UN Secretary-General’s Bulletin provides:

Whenever circumstances permit, a suspension of fire shall be arranged, or other local arrangements made, to permit the search for … the wounded [and] the sick … left on the battlefield and allow for their collection.

Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 9.2.

Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan (2005)

Paragraph 6 of the 2005 Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan states:

Detainees who are wounded or sick will be cared for by the Detaining Power at first instance. Sick or wounded detainees will not be transferred as long as their recovery may be endangered by the journey, unless their safety, or the safety of others, imperatively demands it. Arrangements to transfer wounded or sick detainees will be expedited in order to reduce risk to their health or facilitate medical treatment.

Arrangement for the Transfer of Detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan, signed on 18 December 2005 in Kabul by the Afghan Minister of Defence and the Canadian Chief of Defence Staff, § 6.

III. Military Manuals

Argentina

Argentina’s Law of War Manual (1969) states: “At all times and particularly after an engagement, the belligerents shall take all possible measures to search for and collect the wounded and sick.”

Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 3.003.

The manual adds: “Appeal can be made to the civilian population for the collection … of the wounded and sick”.

Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 3.006.

Argentina

Argentina’s Law of War Manual (1989) provides that the wounded, sick and shipwrecked shall be searched for and collected.

Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 2.05.

Australia

Australia’s Commanders’ Guide (1994) and Defence Force Manual (1994) require that all possible measures be taken to search for and collect the shipwrecked, wounded and sick.

Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 858; Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 668 and 986.

Australia

Australia’s Commanders’ Guide (1994) provides:

Belligerents should endeavour to conclude local agreements for the removal from besieged or encircled areas of wounded [and] sick … and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.

Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 926.

Australia

Australia’s Defence Force Manual (1994) states:

Commanders may make agreements for the exchange, removal and transport of the wounded left on the field, besieged or encircled areas and to allow the passage of medical personnel and chaplains proceeding to any such area.

Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 986.

The manual also states:

The opposing parties are required to try and conclude local agreements for the removal from besieged or encircled areas of wounded [and] sick … and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.

Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 735.

Australia

Australia’s LOAC Manual (2006) states: “All possible measures are to be taken to search for and collect the shipwrecked, wounded and sick in armed conflict at sea.”

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 6.68.

The manual also states:

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.91.

The manual further states.

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.38.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).

Belgium

Belgium’s Law of War Manual (1983) refers to common Article 3 of the 1949 Geneva Conventions and provides that the wounded and sick shall be searched for.

Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 17.

Belgium

Belgium’s Teaching Manual for Soldiers states: “If operations so permit, the wounded must be searched for … [and] evacuated from the combat zone.”

Belgium, Droit de la Guerre, Dossier d’Instruction pour Soldat, à l’attention des officiers instructeurs, JS3, Etat-Major Général, Forces Armées belges, undated, p. 17.

Benin

Benin’s Military Manual (1995) provides: “Combatants shall participate in the search for …and evacuation of the wounded and sick”.

Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 10.

The manual also instructs soldiers to “collect … the wounded and sick, whether friend or foe”.

Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 18.

The manual further provides: “As soon as the tactical situation permits, the wounded and sick shall be evacuated by the appropriate channel.”

Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 12.

Burkina Faso

Burkina Faso’s Disciplinary Regulations (1994) provides: “Whenever circumstances permit, the wounded, sick and shipwrecked shall be collected”.

Burkina Faso, Règlement de Discipline Générale dans les Forces Armées, Décret No. 94-159/IPRES/DEF, Ministère de la Défense, 1994, Article 35(1).

Burundi

Burundi’s Regulations on International Humanitarian Law (2007) states: “The wounded and sick must be collected and cared for by the party to the conflict in whose power they are.”

Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 80; see also Part I bis, p. 25.

The Regulations also states:

A combatant who comes across a wounded [person] must not only spare him. He also has an obligation to provide active assistance. He is obliged, if operations permit, to search for and collect the wounded [and] to care for them …[and] to … evacuate them from areas of combat.

Cameroon

Cameroon’s Disciplinary Regulations (1975) states: “When operational circumstances permit, the wounded, sick and shipwrecked must be collected”.

Cameroon, Règlement de discipline dans les Forces Armées, Décret No. 75/700, 6 November 1975, Article 31.

Cameroon

Cameroon’s Instructor’s Manual (1992) provides that the wounded and shipwrecked shall be searched for and collected.

Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 96.

The manual also states that evacuation of wounded and sick can take place during combat, after combat or during a cease-fire.

Cameroon

Cameroon’s Instructor’s Manual (2006), under the heading “Rules for Conduct in Combat”, states: “Wounded enemy combatants: collect them.”

Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 31; see also pp. 51, 77 and 107.

The manual also states: “In case of armed conflict, the protection of persons and objects must be the first permanent concern of commanders. Thus, the first act must be to search for the victims.”

The manual further states with regard to the wounded, sick and shipwrecked: “This category of victims … must, if possible, be evacuated as soon as possible via a medical military evacuation channel.”

Cameroon

Cameroon’s Disciplinary Regulations (2007) states: “Every soldier must: … collect, protect and care for the wounded, sick and shipwrecked as far as operational circumstances permit”.

Cameroon, Règlement de discipline générale dans les forces de défense, Décret N° 2007/199, Président de la République, 7 July 2007, Article 31.

Canada

Canada’s LOAC Manual (1999) states: “Following an engagement, parties to a conflict are obliged to take all possible measures to search for and collect the wounded and sick and shipwrecked.”

Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-1, § 8.

The manual also provides: “If circumstances permit, the parties to a conflict must endeavour to conclude local agreements for the removal from besieged areas of wounded [and] sick”.

Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-4, § 35.

The manual adds:

In the case of land engagement, agreements between commanders, whether by armistice or cease-fire, may be made for the exchange, removal and transport of the wounded left on the field. In both land and sea engagements, arrangements may also be made for the removal of the wounded and sick from a besieged area and for the passage of medical personnel and chaplains proceeding to such an area.

Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-1, § 10.

In the case of non-international armed conflicts, the manual states: “After an engagement and whenever circumstances permit, all possible steps must be taken without delay to search for and collect the wounded, sick and shipwrecked.”

Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-4, § 32.

Canada

Canada’s Code of Conduct (2001) instructs soldiers “to take all possible measures to search for and collect the wounded and sick from all sides, opposing forces or not, as well as civilians”.

Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 3.

The Code of Conduct also states: “Whenever circumstances permit, a suspension of fire shall be arranged or local arrangements made to permit the removal of the sick, wounded and dead, and the exchange and transport of the wounded and sick.”

Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 3.

Canada

Canada’s LOAC Manual (2001) states in its chapter on land warfare: “If circumstances permit, the parties to a conflict must endeavour to conclude local agreements for the removal from besieged areas of wounded, sick, infirm, and aged persons, children and maternity cases.”

Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 614.6.

In its chapter on the treatment of the wounded, sick and shipwrecked, the manual states:

904. Collection of wounded, sick and shipwrecked

1. Following an engagement, parties to a conflict are obliged to take all possible measures to search for and collect without delay the wounded, sick and shipwrecked.

…

3. In the case of a land engagement, agreements between commanders, whether by armistice or cease-fire, may be made for the exchange, removal and transport of the wounded left on the field. In both land and sea engagements, arrangements may also be made for the removal of the wounded and sick from a besieged area and for the passage of medical personnel and chaplains proceeding to such an area

913. Obligation when compelled to abandon wounded and sick

1. In land warfare, a belligerent compelled to abandon its wounded and sick is obliged, so far as military considerations permit, to leave medical personnel and equipment to care for them. Their presence does not, however, exempt the Detaining Power from providing any additional assistance that may be necessary.

Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 904.1, 904.3 and 913.1.

In its chapter on non-international armed conflicts, the manual states:

By Common Article 3, the parties to a non-international armed conflict occurring in the territory of a party to the Conventions are obliged to apply, as a minimum, the following provisions:

…

b. The wounded and sick shall be collected and cared for.

Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1708.1.

In the same chapter, the manual further provides: “After any engagement and whenever circumstances permit, all possible steps must be taken without delay to search for and collect the wounded, sick and shipwrecked”.

Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1718.

Canada

Canada’s Prisoner of War Handling and Detainees Manual (2004) states: “Wounded and sick PW [prisoners of war] are to be evacuated through the same casualty evacuation system as [Canadian] troops. Ambulances are not to be used to transport fit PW.”

Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 3B-5, § B006.2.d.

Canada

Canada’s Code of Conduct (2005) instructs soldiers:

Following an engagement in which you were involved, you have an obligation, without delay, to take all possible measures to search for and collect the wounded and sick from all sides, opposing forces or not, as well as civilians. It is understood however that this obligation only comes into play once the area has been secured. This includes the obligation to protect them against theft and ill-treatment and to ensure their adequate care. There is also an obligation to search for, protect and pay proper respect for the dead. Whenever circumstances permit, a suspension of fire shall be arranged or local arrangements made to permit the removal of the sick, wounded and dead, and the exchange and transport of the wounded and sick.

Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 3.

Central African Republic

The Central African Republic’s Instructor’s Manual (1999) states in Volume 1 (Basic and team leader instruction), in the section on wounded enemy combatants: “Soldiers must: … collect them; … hand them over to their superior or to the nearest medical personnel.”

Central African Republic, Le Droit de la Guerre, Fascicule No. 1: Formation élémentaire toutes armés (FETA), formation commune de base (FCB), certificat d’aptitude technique No. 1 (Chef d’équipe), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter III, Section II.

In Volume 2 (Instruction for group and patrol leaders), the manual states: “The wounded and sick must be collected … by the party to the conflict which has them in its power.”

Central African Republic, Le Droit de la Guerre, Fascicule No. 2: Formation pour l’obtention du certificat technique No. 2 (Chef de Groupe), du certificat Inter-Armé (CIA), du certificat d’aptitude de Chef de Patrouille (CACP), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Fundamental Rules, § 3.

Also in Volume 2, the manual states: “Combatants must take part in the search for and evacuation of the wounded and sick.”

Volume 2 further states in a section on the wounded and sick: “Evacuation along the appropriate chain of evacuation must be organized and begin as rapidly as the tactical situation permits.”

In Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police), the manual states: “Precautions must be taken as soon as, and provided that, the mission permits it ( … victims are searched … for in a combat area by medical personnel, etc.).”

Central African Republic, Le Droit de la Guerre, Fascicule No. 3: Formation pour l’obtention du Brevet d’Armes No. 1, du Brevet d’Armes No. 2 et le stage d’Officier de Police Judiciaire (OPJ), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter II, Section II, § 2.2.

Central African Republic

The Central African Republic’s Disciplinary Regulations (2009) states: “In accordance with the international conventions signed or approved by the Central African Government, it is stipulated that during combat servicemen must: … collect … the wounded, sick and shipwrecked whenever circumstances permit”.

Central African Republic, Décret 09.411 portant règlement de discipline générale dans les Armées, Ministre de la Défense Nationale, des Anciens Combattants, des Victimes de Guerre, du Désarmement et de la Restructuration de l’Armée, 10 December 2009, Article 12(10).

Chad

Chad’s Instructor’s Manual (2006) states that, on the battlefield, and as soon as possible, “the conflicting parties shall search for … the wounded and sick”.

Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 63.

The manual further requires soldiers to “collect … the wounded and sick, regardless of whether they are friend or foe”.

Colombia

Colombia’s Circular on Fundamental Rules of IHL (1992) provides that the “parties to the conflict shall collect and assist the wounded and sick in their power”.

Colombia, Transcripción Normas Fundamentales del Derecho Humanitario Aplicables en los Conflictos Armados, Circular No. 033/DIPL-SERPO-526, Policía Nacional, Dirección General, Santafé de Bogotá, 14 May 1992, § 3.

Colombia

Colombia’s Basic Military Manual (1995) states: “The wounded and sick must be collected”.

Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 28.

Colombia

Colombia’s Instructors’ Manual (1999) provides: “The wounded, sick and shipwrecked shall be collected”.

Colombia, Derechos Humanos & Derecho Internacional Humanitario – Manual de Instrucción de la Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 24.

Colombia

Colombia’s Soldiers’ Manual (1999) provides that wounded enemy combatants shall be collected.

Colombia, Derechos Humanos & Derecho Internacional Humanitario – Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 20.

Congo

The Congo’s Disciplinary Regulations (1986) instructs soldiers “to collect … the wounded, the sick and shipwrecked whenever circumstances permit”.

Congo, Décret No. 86/057 du 14 janvier 1986 portant Règlement du Service dans l’Armée Populaire Nationale, 1986, Article 32.

Côte d’Ivoire

Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):

I.1 Basic rules

…

[Basic Rule No. 5]:

Collect, protect and care for the wounded, shipwrecked and sick, whether they be friends, enemies or civilians.

[Observation]:

- The wounded, shipwrecked and sick enemies no longer take part in combat.

- As human beings, they are in need of assistance and protection.

…

I.2 Specific rules

…

Enemy combatants in distress

…

6. Search and collect shipwrecked enemies.

Wounded enemy combatants

7. Collect them when the situation allows.

…

9. Hand them over to the closest medical personnel or to your superior.

Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 21, 22 and 23–25; see also Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 16; Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 39; Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 65.

The manual provides in Book II (Instruction of non-commissioned officers and officers):

I.2 Duties of the non-commissioned officer or officer

…

After the action, he must:

…

- evacuate wounded friends and enemies towards the superior units.

Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 17–18; see also Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 40; Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 65.

Croatia

Croatia’s LOAC Compendium (1991) provides: “Whenever the tactical situation permits, the wounded, sick and shipwrecked shall be collected … [and] evacuated”.

Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 45.

Croatia

Croatia’s Commanders’ Manual (1992) stipulates that the wounded and shipwrecked shall be searched for and collected.

Croatia, Basic Rules of the Law of Armed Conflicts – Commanders’ Manual, Republic of Croatia, Ministry of Defence, 1992, p. 10, Rule No. 71.

Croatia

Croatia’s Soldiers’ Manual (1992) instructs soldiers to search for and collect the wounded, sick and shipwrecked members of the adversary’s armed forces.

Croatia, Rules of Conduct for Soldiers, Republic of Croatia, Ministry of Defence, 1992, p. 3

Croatia

Croatia’s Instructions on Basic Rules of IHL (1993) instructs soldiers to collect the wounded and sick.

Croatia, Instructions “Basic Rules of International Humanitarian Law Applicable in Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1993, p. 11, Nos. 1–3.

Cuba

Cuba’s Regulation of the Internal Order of the Revolutionary Armed Forces (2002) states:

The measures that will be taken by the commander, superior or officer on duty … to preserve the place [where an extraordinary or allegedly criminal act has occurred], until the arrival of the competent personnel, are the following:

…

g) Organize … if necessary [the] transfer [of the wounded] to the corresponding medical institutions.

Cuba, Reglamento de Orden Interior de las Fuerzas Armadas Revolucionarias, 2002, Ministerio de las Fuerzas Armadas Revolucionarias, aprobado por Orden No. 349 del Ministro de las Fuerzas Armadas Revolucionarias, Havana, 30 September 2002, Article 159(g).

Djibouti

Djibouti’s Disciplinary Regulations (1982) states: “Combatants must … collect … the wounded, sick and shipwrecked insofar as operational circumstances permit”.

Djibouti, Décret no. 82-028/PR/DEF du 5 mai 1982 portant règlement de la discipline générale dans les Forces armées, Article 30(2).

Djibouti

Djibouti’s Manual on International Humanitarian Law (2004) states that “the sick and wounded must be collected and cared for.”

Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 31.

The manual also states with regard to “wounded enemy combatants”: “[C]ollect them [and] care for them”.

Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 7.

Dominican Republic

The Dominican Republic’s Military Manual (1980) states: “Wounded prisoners and captives shall be evacuated as soon as possible to the rear through medical channels.”

Dominican Republic, La Conducta en Combate según las Leyes de la Guerra, Escuela Superior de las FF. AA. “General de Brigada Pablo Duarte”, Secretaría de Estado de las Fuerzas Armadas, May 1980, p. 8.

Ecuador

Ecuador’s Naval Manual (1989) provides: “Parties to the conflict shall, after each engagement and without delay, take all possible measures to search for and collect the wounded and sick on the field of battle.”

Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 11.4.

The manual contains similar provisions with respect to the shipwrecked.

Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 11.6.

The manual further provides: “Whenever circumstances permit, an armistice or cease-fire should be arranged to enable the wounded and sick to be located and removed to safety and medical care.”

Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 11.4.

France

France’s LOAC Summary Note (1992) provides: “Wounded, sick and shipwrecked shall be searched for and collected … by the Party to the conflict in whose power they may be.”

France, Fiche de Synthèse sur les Règles Applicables dans les Conflits Armés, Note No. 432/DEF/EMA/OL.2/NP, Général de Corps d’Armée Voinot (pour l’Amiral Lanxade, Chef d’Etat-major des Armées), 1992, § 2.1.

France

France’s LOAC Teaching Note (2000) provides: “The wounded, sick and shipwrecked shall be searched for and collected … by the Party to the conflict in whose power they may be.”

France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, p. 3.

France

France’s LOAC Manual (2001) restates Article 15 of the 1949 Geneva Convention I and Article 18 of the 1949 Geneva Convention II.

France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, pp. 37 and 64.

Germany

Germany’s Military Manual (1992) states that a cease-fire may be concluded for “humanitarian purposes, in particular searching and collecting the wounded and the shipwrecked”.

Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 233.

The manual adds: “At all times, all possible measures shall be taken to collect the wounded and sick and shipwrecked”.

Greece

The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides: “Members of the armed forces should: … Remove … the wounded and sick, when circumstances allow.”

Greece, Hellenic Territorial Army Regulation of Internal Service Code, Presidential Decree 130/1984 (Military Regulation 20-1), as amended, Article 14(c).

Greece

The Hellenic Navy’s International Law Manual (1995) states:

Simultaneously, the duty to provide care is combined with the duty to search and rescue, in cases when during an armed conflict the sinking of an enemy vessel occurs. If it is a war-ship the shipwrecked shall be considered as prisoners of war. If the shipwrecked are civilians (i.e. in case of sinking of a merchant vessel which constitutes a legitimate military target), the aforementioned protection shall be afforded. Search and rescue of shipwrecked and wounded and the collection of the dead may create an acute problem as to who is responsible to care and which way. The duty to care is practically attached to military medical vessels or to requisitioned vessels converted for that purpose. Until the time of arrival and reception of persons in need of care to the above vessels, the search and rescue operation is performed by belligerent vessels navigating in the vicinity. There is no established practice indicating the cessation of hostilities for this purpose in the vicinity. Even if such an agreement has been concluded, in order to facilitate the fulfillment of this supreme humanitarian duty, there is no guarantee whatsoever that war-ships shall not become targets for submarines. Since the issue remains unregulated in treaty law, consequences of war and military necessity of the moment seem to be the crucial factors for the determination of taking over search and rescue operations, thus endangering the fate of war-ships. Another controversial aspect of the issue is that the care department of the ship enjoys protection (art. 28 of the IInd Geneva Convention), although the ship as a whole is allowed be destructed.

Greece, International Law Manual, Hellenic Navy General Staff, Directorate A2, Division IV, 1995, Chapter 7, Part I, § 6.

Guinea

Guinea’s Soldier’s Manual (2010), under the heading “Wounded enemy combatants”, states: “Collect them.”

Guinea, Soldier’s Manual, Ministry of National Defence, 2010, p. 9.

Under the heading “Rules of conduct in combat”, the manual states: “Collect … the wounded and sick”.

Guinea, Soldier’s Manual, Ministry of National Defence, 2010, p. 15.

Guinea

Guinea’s Disciplinary Regulations (2012) states:

In accordance with the international agreements signed by the government of Guinea, military personnel in combat are required:

…

- to collect, protect and care for the wounded, sick and shipwrecked, to the extent permitted by the circumstances[.]

Guinea, Règlement de Service dans les Forces Armées, Volume 1: Règlement de Discipline Générale (Service Regulations in the Armed Forces, Volume 1: General Discipline Regulations), 2012 edition, Ministère de la Défense Nationale, approved by Presidential Decree No. D 293/PRG/SGG/2012, 6 December 2012, Article 12(a).

Hungary

Hungary’s Military Manual (1992) provides: “Whenever the tactical situation permits, the wounded, sick and shipwrecked shall be collected … [and] evacuated”.

Hungary, A Hadijog, Jegyzet a Katonai, Föiskolák Hallgatói Részére, Magyar Honvédség Szolnoki Repülötiszti Föiskola, 1992, p. 73.

India

According to India’s Police Regulations (1962), police forces “should make arrangements for the rapid evacuation to hospital by ambulance of the sick and of persons injured by police fire”.

India, West Bengal Police Regulations, Regulation No. 156, Government of West Bengal, Calcutta, 1962, Article 156(a); Madras Police Standing Orders (1951), Article 667; Police Manual for Handling Civil Disturbances, Home Ministry, Government of Maharashtra, Bombay, 1986, Article 13(xvi).

Indonesia

Indonesia’s Military Manual (1982) states: “The wounded and sick should be searched for and collected, as soon as the hostilities end.”

Indonesia, The Basics of International Humanitarian Law, 1982, Legal Division of the Indonesian Armed Forces, 1982, § 37.

Ireland

Ireland’s Basic LOAC Guide (2005) states: “At all times, and particularly after an engagement, parties to a conflict are obliged to take all possible measures to search for and collect, without delay, the wounded and sick.”

Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 6; see also p. 13.

Italy

Italy’s LOAC Elementary Rules Manual (1991) instructs soldiers that when confronted with wounded enemy combatants, the following rule must be observed: “Collect them.”

Italy, Regole elementari di diritto di guerra, SMD-G-012, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, p. 29.

The manual also states: “Wounded enemy combatants and shipwrecked shall be evacuated.”

Italy, Regole elementari di diritto di guerra, SMD-G-012, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, § 75.

Italy

Italy’s Combatant’s Manual (1998) instructs: “Collect and care for the wounded and sick.”

Italy, Manuale del Combattente, SME 1000/A/2, Stato Maggiore Esercito/Reparto Impiego delle Forze, Ufficio Dottrina, Addestramento e Regolamenti, 1998, § 250.

Kenya

Kenya’s LOAC Manual (1997) refers to common Article 3 of the 1949 Geneva Conventions and states that the “wounded and sick shall be collected and cared for”.

Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 2, p. 6 and Précis No. 3, p. 14.

The manual states: that “combatants are required to search for and collect the wounded and sick” and states that this principle also applies to wounded enemy combatants.

Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 2, pp. 13 and 15 and Précis No. 3, p. 11.

The manual further states: “Civil defence units and personnel shall participate in the search for victims, particularly when there are civilian casualties.”

Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 3, p. 11.

The manual provides: : “Arrangements may be made between the Parties to permit the removal, exchange and transport of the wounded left on the battlefield.”

Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 3, p. 11.

The manual further states: “A local cease-fire may be arranged for the removal from the besieged or encircled areas of the wounded and sick.”

Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 4, p. 5.

Lebanon

Lebanon’s Teaching Manual (1997) instructs members of the armed forces to search for and collect enemy wounded in the field as well as shipwrecked at sea.

Lebanon, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, pp. 77–78.

Madagascar

Madagascar’s Military Manual (1994) provides: “When the mission so permits, the wounded [and] shipwrecked … shall be searched for and collected … [and] evacuated”. It instructs soldiers that, when confronted with wounded enemy combatants, the following rule must be observed: “Collect them.”

Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 7-O, §§ 16 and 22, Fiche No. 2-T, § 21, Fiche No. 5-SO, § C and Fiche No. 4-T, § 2.2(22).

The manual also states: “Local arrangements may be concluded for the search, collection, exchange … [and] evacuation of the wounded and shipwrecked”.

Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 7-SO, § B.

Mali

Mali’s Army Regulations (1979) provides that “refusal to collect and protect the wounded, sick and shipwrecked whenever circumstances permit” is a violation of the laws and customs of war.

Mali, Règlement du Service dans l’Armée, 1ère Partie: Discipline Générale, Ministère de la Défense Nationale, 1979, Article 36.

Mexico

Mexico’s Army and Air Force Manual (2009), in a section entitled “Basic rules of international humanitarian law applicable in armed conflicts”, states: “The wounded and sick must be collected … by the party to the conflict which has them in its power.”

Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 408.

In a section on the 1949 Geneva Convention II, the manual also states: “After each engagement, parties to the conflict must take all possible measures to search for and collect the shipwrecked, wounded and sick”.

Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 118.

The manual also states that Article 3(2) common to the 1949 Geneva Conventions provides that “the wounded and sick must be collected”.

Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 85(C); see also § 107(C).

Mexico

Mexico’s IHL Guidelines (2009), in a section entitled “Basic rules of conduct in armed conflict”, states: “Collect … the wounded, sick and shipwrecked, whether they are friend or foe.”

Mexico, Cartilla de Derecho Internacional Humanitario, Ministry of National Defence, 2009, § 14(p).

Morocco

Morocco’s Disciplinary Regulations (1974) instructs soldiers “to collect and protect the wounded and sick when circumstances permit”.

Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25.

Netherlands

The Military Manual (1993) of the Netherlands states: “Particularly after an engagement, wounded and sick shall be searched for and collected”.

Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VI-2.

The manual adds: “Whenever circumstances permit, a cease-fire or a suspension of fire should be sought to enable the … removal of the wounded”.

Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VI-2.

In the case of non-international armed conflicts, the manual states that the “wounded, sick and shipwrecked must be searched for and collected”.

Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. XI-5.

Netherlands

The Military Handbook (1995) of the Netherlands provides that the “wounded … shall be searched for and collected when the circumstances permit it”.

Netherlands, Handboek Militair, Ministerie van Defensie, 1995, p. 7-40.

Netherlands

The IFOR Instructions (1995) of the Netherlands instruct soldiers to “collect the wounded … whether friend or foe”.

Netherlands, IFOR Instructiekaart, geweldsinstructie, First Edition, 18 December 1995, § 6.

Netherlands

The Military Manual (2005) of the Netherlands states: “After a battle, in particular, the wounded and sick must be searched for and collected. As soon as circumstances permit, a truce or ceasefire must be sought … to facilitate the collection, exchange and removal of the wounded …”.

Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0607.

In its chapter on non-international armed conflict, the manual states: “The dead, the wounded, the sick and shipwreck survivors must be searched for and collected.”

Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1056.

In its chapter on peace operations, the manual states: “The peace force must offer the opportunity, circumstances permitting, (e.g., by creating a ceasefire), for the wounded and dead to be found, collected, identified and removed.”

Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1223.

New Zealand

New Zealand’s Military Manual (1992) provides: “The Parties to a conflict are obliged to take all possible measures to search for and collect, without delay, the wounded, sick and shipwrecked”.

New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1003(1).

The manual further provides:

In the case of a land engagement, agreements between the commanders, whether by armistice or cease-fire, may be made for the exchange, removal and transport of the wounded left on the field. In both land and sea engagements, arrangements may be made for the removal of the wounded and sick from a besieged or encircled area and for the passage of medical personnel and chaplains proceeding to such an area.

New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1003(1); see also § 314(2).

With regard to non-international armed conflict, the manual states: “After any engagement and whenever circumstances permit, all possible steps must be taken, without delay, to search for and collect the wounded, sick and shipwrecked”.

New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1817(1).

Nicaragua

Nicaragua’s Military Manual (1996) provides that, in internal armed conflicts, the wounded and sick shall be collected.

Nicaragua, Manual de Comportamiento y Proceder de las Unidades Militares y de los Miembros del Ejército de Nicaragua en Tiempo de Paz, Conflictos Armados, Situaciones Irregulares o Desastres Naturales, Ejército de Nicaragua, Estado Mayor General, Asesoría Jurídica del Nicaragua, 1996, Article 6.

Nigeria

Nigeria’s Military Manual (1994) states: “As soon as the tactical situation permits, necessary measures shall be taken to search for [and] collect … the wounded [and] shipwrecked”.

Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 13, § 4; see also p. 39, § 5(f) and (h) and p. 46, § 16(g).

Nigeria

Nigeria’s Manual on the Laws of War states: “At all times and particularly after a campaign, the belligerents must immediately take all possible measures to search for and collect the wounded and sick”.

Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 34.

The manual also states:

Whenever possible, an armistice or cease-fire should be arranged or local arrangements should be made to enable the transfer, exchange and carriage of the wounded who have been left on the battlefield.

Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 34.

Nigeria

Nigeria’s Soldiers’ Code of Conduct states: “The wounded enemy shall be collected”.

Nigeria, Code of Conduct for Combatants, “The Soldier’s Rules”, Nigerian Army, undated, § 6.

It adds: “The wounded and shipwrecked enemies at sea shall be accorded similar respect and protection.”

Nigeria, Code of Conduct for Combatants, “The Soldier’s Rules”, Nigerian Army, undated, § 8.

Peru

Peru’s IHL Manual (2004) states:

At all times in an armed conflict, and particularly after an engagement, parties to the conflict must take all possible measures, to the extent permitted by military requirements and taking into account the circumstances and location, in order to:

(1) search for and collect the wounded, sick and shipwrecked.

Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 86.a.(1).

The manual contains a similar provision with respect to situations of non-international armed conflict: “The wounded and sick shall be collected and cared for.”

Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 71.a.

The manual further states with respect to international armed conflict:

…

(3) They [commanders] must formulate an evacuation plan, in collaboration with the civilian authorities, and give instructions and specify measures for each evacuation line (for example, evacuation lines for prisoners of war, the sick and wounded …. )

(4) They must provide their subordinates with the means necessary to fulfil their mission and effect evacuation correctly.

(5) They are responsible for evacuating prisoners of war and medical personnel as soon as the tactical situation permits. Evacuation must be carried out at a safe distance from military objectives.

Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 24.c.(3)–(5); see also § 102.

Peru

Peru’s IHL and Human Rights Manual (2010) states:

(1) search for and collect the wounded, sick and shipwrecked.

Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 77(a)(1), p. 277.

The manual contains a similar provision with respect to situations of non-international armed conflict: “The wounded and sick shall be collected … .”

Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 72(b), p. 271.

The manual further states with respect to international armed conflict:

(3) [Commanders] must formulate an evacuation plan, in collaboration with the civilian authorities, and give instructions and specify measures for each evacuation line (for example, evacuation lines for prisoners of war, the sick and wounded …).

(4) They must provide their subordinates with the means necessary to fulfil their mission and effect evacuation correctly.

(5) They are responsible for evacuating prisoners of war and medical personnel as soon as the tactical situation permits. Evacuation must be carried out at a safe distance from military objectives.

Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 25(c)(3)–(5), p. 228.

Philippines

The Military Directive to Commanders (1988) of the Philippines provides:

Medical teams must be made available to provide … evacuation to injured civilians caught in the crossfire …

Coordination and liaison with national and local government agencies should be pursued in undertaking the following immediate tasks after [the] conduct of operations … rescue, evacuation and hospitalization.

Philippines, Protection and Rehabilitation of Innocent Civilians Affected by AFP Counterinsurgency Operations, Directive to Commanders of Major Services and Area Commands, Office of the Chief of Staff, General Headquarters of the Armed Forces of the Philippines, Ministry of National Defense, 15 July 1988, Guideline 4(d) and (h).

Philippines

The Soldier’s Rules (1989) of the Philippines instructs soldiers to “care for the wounded and sick, be they friendly or foe”.

Philippines, Soldier’s Rules, in Handbook on Discipline, Annex C(I), General Headquarters, Armed Forces of the Philippines, Camp General Emilio Aguinaldo, Quezon City, 1989, § 5.

Philippines

The Military Instructions (1989) of the Philippines provides:

In the aftermath of military or law enforcement operations involving a firefight that results in unavoidable casualties, caring for the wounded … must be a paramount concern of all commanders and troops at all levels … To increase their chances of survival, their immediate evacuation to the nearest clinic or hospital must be ensured.

Philippines, Safety of Innocent Civilians and Treatment of the Wounded and Dead, Directive to Commanders of Major Services and Area Commands, Office of the Chief of Staff, General Headquarters of the Armed Forces of the Philippines, Ministry of National Defence, 6 September 1989, § 4.

Philippines

The Joint Circular on Adherence to IHL and Human Rights (1991) of the Philippines provides that members of the Armed Forces of the Philippines and the Philippine National Police must at the earliest possible opportunity turn the enemy hors de combat (e.g. wounded, surrendered/captured) “over to higher echelons of command/office for proper disposition”.

Philippines, Implementation Guidelines for Presidential Memorandum Order No. 393, dated 9 September 1991, Directing the Armed Forces of the Philippines and the Philippines National Police to Reaffirm their Adherence to the Principles of Humanitarian Law and Human Rights in the Conduct of Security/Police Operations, Joint Circular Number 2-91, Department of National Defense, Department of Interior and Local Government, 1991, § 2(a)(3).

Romania

Romania’s Soldiers’ Manual (1991) requires that wounded and sick enemy combatants be collected.

Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, p. 9.

The manual further provides that wounded and sick enemy combatants shall be evacuated from the combat zone.

Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, p. 9.

Russian Federation

The Russian Federation’s Regulations on the Application of IHL (2001) states: “Both in the course of combat operations and after accomplishing the assigned mission, the commander shall take measures to search for and collect the wounded and sick, of whatever nationality.”

Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 47.

With regard to internal armed conflict, the Regulations states: “Whenever circumstances permit and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked.”

In the chapter on logistic support, the Regulations state:

Organizing and furnishing logistic support of the forces’ combat operations in compliance with international humanitarian law includes … evacuation of the wounded [and] the sick … from the area of operations.

Russian Federation

The Russian Federation’s Combat Manual (2005) states that “if circumstances permit, the wounded, sick and shipwrecked, which are not engaged in hostile activities, must be collected and cared for”.

Russian Federation, Combat Manual on the Preparation and Conducting of Combined-Arms Battles (Boevoi ustav po podgotovke i vedeniu obshevoiskovogo boya), Part 3, Platoon, Subdivision, Tank, endorsed by Order of the Commander-in-Chief of the Ground Forces No. 19, 24 February 2005, § 24.

Rwanda

Rwanda’s Military Instructions (1987) states that immediate evacuation of wounded persons to the nearest clinic or hospital should be ensured.

Rwanda, Cours d’organisation destiné aux commandants de compagnie, Ecole Supérieure Militaire, Kigali, 4ème édition, 1987, pp. 41–42.

Senegal

Senegal’s Disciplinary Regulations (1990) provides: “The wounded, sick and shipwrecked shall be collected”.

Senegal, Règlement de Discipline dans les Forces Armées, Décret 90-1159, 12 October 1990, Article 34(1).

Senegal

Senegal’s IHL Manual (1999) provides that during internal disturbances, local agreements may be concluded to search for, collect and evacuate the wounded and allow the passage of medical assistance

Senegal, Le DIH adapté au contexte des opérations de maintien de l’ordre, République du Sénégal, Ministère des Forces Armées, Haut Commandement de la Gendarmerie et Direction de la Justice Militaire, Cabinet, 1999, p. 20.

Sierra Leone

Sierra Leone’s Instructor Manual (2007) states: “At the end of every military engagement, soldiers should … search for and collect the wounded and sick.”

Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 37.

The manual also provides: “At the end of every military engagement, soldiers should … [e]vacuate the wounded and sick as soon as the tactical situation permits. If in any case you are unable to evacuate them, leave them with the necessary medical personnel and equipment to assist in their care.”

Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 38.

South Africa

South Africa’s LOAC Teaching Manual (2008) states:

1.2 Reasons for compliance with LOAC [law of armed conflict] and basic principles thereof.

…

Fundamental Norms and Values (rules)

The fundamental norms/val[u]es which underlie the LOAC are:

…

- The wounded and sick must be collected and cared for by the party to the conflict who has them in its power. …

…

1.3 Relationship between LOAC and Human Rights Law and Fundamental Protection Provided under LOAC.

…

Certain fundamental rights under Human Rights Law may never be violated, but others may be restricted or derogated from under certain conditions. No provision is made in the LOAC for derogation of rights offered under common article 3 of the [1949] Geneva Conventions.

…

1.4 Different Types of armed Conflict and those bound by LOAC

…

Current Op[]inio Juris on Common Article 3 [of the] Geneva Conventions. This article determines that, in the case of armed conflicts not of an international character, each Party to the conflict shall be bound to apply certain minimum rules. Although originally written for situations of non-international armed conflict, the current legal opinion is that its contents are so fundamental that it is applicable in both international and non-international armed conflicts. The minimum rules contained in Common article 3 Geneva Conventions, are the following:

…

- The wounded and sick shall be collected.

South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, pp. 13, 16, 21, 23, 26 and 29.

The manual also states:

2.3 Specifically Protected Persons and Objects …

…

d. Wounded, sick, shipwrecked, the dead and missing.

…

Search for Casualties

[1949] Geneva Convention I article 15 stipulates that the Parties to the conflict must, at all times, particularly after an engagement, without delay, take all possible measures to[:]

- search for and collect the wounded and sick;

…

- Whenever circumstances permit, the Parties to a conflict must arrange an armistice or a suspension of fire to permit the removal, exchange and transport of the wounded left on the battlefield

- The Parties may likewise make local arrangements for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.

- Medical personnel are primarily responsible for the searching of wounded, sick and dead persons, but combat troops must render assistance when necessary.

Steps to be taken regarding Wounded and Sick. The wounded and sick must be[:]

- searched for;

…

- taken to safety;

…

- evacuated by means of the normal medical channels.

…

The Wounded, Sick and Shipwrecked

…

Search for Casualties (Article 18 [1949] Geneva Convention II)

- After every engagement at sea all possible measures must be taken to search for and collect the dead, wounded, sick and shipwrecked.

- Certain warships such as torpedo boats and submarines do not have sufficient space, equipment or capacity to collect the whole crew of ships they may sink. Furthermore, operational circumstances may make it impossible for warships or submarines to carry out rescue actions.

In such cases other means must be considered, for example[:]

[-] alerting of a hospital ship or a ship better equipped than itself; or

- appealing to neutral vessels for assistance.

- Where a warship is forced by circumstances to leave shipwrecked persons to their fate, it should provide them with the necessary means to enable them to await rescue or reach the coast.

South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 72, 102–104 and 109–110.

The manual further states:

Handling of War Victims

…

- The wounded, sick and shipwrecked must be treated humanely, protected and evacuated from the combat area.

South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 3, p. 192.

Spain

Spain’s LOAC Manual (1996) provides: “At all times, but particularly after an engagement, parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded … during combat.”

Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 7.5.a; see also §§ 5.2.d.(5), 10.6.b.(3) and 10.6.c.

The manual also provides: “‘As far as circumstances permit’, agreements shall be concluded to facilitate the search, removal, exchange and transport of wounded left on the battlefield.”

Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 2.4.a.(1); see also § 2.6.b.(1).

The manual further states that “wounded and sick enemies shall be evacuated as soon as possible” and “in the same conditions as our own troops”.

The manual specifies:

In besieged or encircled areas where there is civilian population, it shall be endeavoured to conclude local agreements with the enemy to organize the evacuation of the wounded [and] sick … and the passage of medical and religious personnel.

Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 9.4.a.

Spain

Spain’s LOAC Manual (2007) states:

At all times, and particularly after an engagement, the parties to a conflict must take all possible measures to search for and collect those wounded … during the fighting.

Local agreements can be made between the parties to the conflict for this purpose.

Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 7.5.a; see also §§ 5.2.d.(5) and 10.3.e.(1).

The manual also states:

If a party to the conflict is compelled to abandon wounded or sick people to the enemy, it should, “as far as military considerations permit”, leave with them a part of its medical personnel and material to assist in their care.

…

“Whenever circumstances permit”, agreements should be made for the removal, exchange and transport of the wounded left on the battlefield.

“As far as military considerations allow”, each party to the conflict should facilitate the steps taken to search for the … wounded.

The manual further states: “Enemy wounded and sick must be quickly evacuated from the combat zone.”

The manual also provides:

A ceasefire … [can be] established for humanitarian reasons to facilitate the removal, exchange and transport of the wounded left on the battlefield, for the removal and exchange of the wounded and sick from a besieged or encircled area or for the passage of medical and religious personnel and equipment on their way to such areas.

The manual specifies:

In besieged or encircled areas where there are civilians, efforts must be made to conclude local agreements with the enemy for the evacuation of the wounded [and] sick … and for the passage of medical personnel and equipment on their way to such areas.

Switzerland

Switzerland’s Basic Military Manual (1987) provides: “At all times, and especially following an engagement, all means should be taken to search for and collect the wounded”.

Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 71.

The manual also states:

Local arrangements or a temporary cease-fire shall be concluded to permit the removal, exchange and transport of wounded and sick left on the battlefield and for the evacuation or exchange of wounded and sick from a besieged or encircled area.

Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 71; see also Article 12(2).

Switzerland

Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states: “I recover and identify wounded, sick, shipwrecked and dead persons without discrimination as soon as the combat situation allows or the superior orders such. I give First Aid and evacuate the patients according to the orders of my superior.”

Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rule 4.

Switzerland

Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:

In combat, the disarmament, rescue of and the provision of first aid to the wounded, sick and shipwrecked begins as soon as the situation allows. For security reasons this usually does not happen spontaneously. The superiors make the necessary arrangements. No distinction may be made between friend and enemy or between civilian and military personnel. Purely medical criteria determine the priority in medical treatment. No one may be punished for having cared for the wounded or sick.

Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 174.

Togo

Togo’s Military Manual (1996) states: “Combatants shall participate in the search for and evacuation of the wounded and sick”.

Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, p. 10.

The manual instructs soldiers “to collect and care for the wounded and sick, whether friend or foe”.

Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, p. 18.

The manual adds: “As soon as the tactical situation permits, the wounded and sick shall be evacuated by the appropriate channel.”

Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, p. 12.

Ukraine

Ukraine’s IHL Manual (2004) states:

1.4.12. … As soon as the circumstances allow, all parties to an armed conflict shall … take all possible measures to find and gather wounded, sick and shipwrecked or those who suffered an aircraft crash …

…

2.5.2.1. Both during combat and after the accomplishment of the combat mission the commander of a large or small unit (command) shall take all measures to search for and collect the wounded, sick … and shipwrecked ([or] persons who suffered from an aircraft crash) … regardless of their identity.

Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 1.4.12 and 2.5.2.1.

United Kingdom of Great Britain and Northern Ireland

The UK Military Manual (1958) provides: “At all times, and particularly after an engagement, the belligerents must immediately take all possible measures to search for and collect the wounded and sick”.

United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 342.

The manual also states: “Whenever circumstances permit, a local armistice or suspension of fire must be arranged to permit the removal of the wounded left on the battlefield.”

United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 342.

The manual further states:

Belligerents should endeavour to conclude local agreements for the removal from besieged or encircled areas of wounded [and] sick … and for the passage of ministers of all religions and medical personnel and medical equipment on their way to such areas.

United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 29; see also § 343.

United Kingdom of Great Britain and Northern Ireland

The UK LOAC Pamphlet (1981) states: “Combatants are required to search for and collect the shipwrecked, wounded and sick and to ensure their adequate care”.

United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 7, p. 26, § 2.

The Pamphlet also states:

In appropriate local circumstances, arrangements should be made for the evacuation by sea of the wounded and sick and for the passage of medical and religious personnel and equipment especially to besieged areas.

The Pamphlet restates the provisions of common Article 3 of the 1949 Geneva Conventions.

The Pamphlet provides: “Arrangements may be made between the parties to permit the removal, exchange and transport of the wounded left on the battlefield.”

It further states: “A local cease-fire may be arranged for the removal from besieged or encircled areas of the wounded and sick”.

United Kingdom of Great Britain and Northern Ireland

The UK LOAC Manual (2004) states:

The parties to a conflict are under an obligation “at all times, and particularly after an engagement … without delay [to] take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, and to ensure their adequate care”. The convention envisages “whenever circumstances permit”, an armistice, suspension of fire or local arrangements to permit the removal, exchange and transport of the wounded left on the battlefield. Similarly, local arrangements may be concluded to enable the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 7.4.

In its chapter on maritime warfare, the manual states:

The parties to a conflict are also under an obligation, particularly after an engagement, to take all possible measures, consistent with their own security, “to search for and collect the shipwrecked, wounded and sick …”.

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 13.129.

In its chapter on internal armed conflict, the manual provides that the “the wounded, sick and shipwrecked … are to be collected and cared for”.

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.29.

With regard to internal armed conflicts in which the 1977 Additional Protocol II is applicable, the manual specifies: “Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken without delay to search for and collect the wounded, sick and shipwrecked”.

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.44.

United States of America

The US Field Manual (1956) reproduces common Article 3 of the 1949 Geneva Conventions, Articles 15 and 18 of the 1949 Geneva Convention I, and Article 18 of the 1949 Geneva Convention II.

United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 11, 216, 219 and 256.

United States of America

The US Air Force Pamphlet (1976) refers to Article 15 of the 1949 Geneva Convention I and states that it “includes, inter alia, an obligation to search for and collect wounded and sick”.

United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 12-2(a).

The manual also refers to Article 12 of the 1949 Geneva Convention II and defines shipwreck as “a shipwreck from any cause, including forced landings at sea by or from an aircraft”. The manual states: “It is important to the Air Force since it provides a fully protected status for pilots downed or forced to land at sea.”

United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 12-3(a).

The manual states:

Article 15 [of the 1949 Geneva Convention I] … authorizes the conclusion of local arrangements between the parties for removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way thereto.

United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 12-2a.

The manual further states:

Parties are encouraged to conclude local arrangements for the removal of the wounded and sick by sea from besieged or encircled areas, and for the passage of medical and religious personnel and equipment on their way thereto.

United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 12-3a.

United States of America

The US Soldier’s Manual (1984) instructs soldiers to evacuate sick and wounded captives to the rear through medical channels “as soon as possible”.

United States, Your Conduct in Combat under the Law of War, Publication No. FM 27-2, Headquarters Department of the Army, Washington, November 1984, p. 17.

United States of America

The US Naval Handbook (1995) states:

Parties to the conflict must, after each engagement and without delay, take all possible measures to search for and collect the wounded and sick on the field of battle … Shipwrecked persons include those in peril at sea or in other waters as a result of either the sinking, grounding, or other damage to the vessel in which they are embarked, or of the downing or distress of an aircraft. It is immaterial whether the peril was the result of enemy action or nonmilitary causes.

United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 11-4.

The manual also states:

When circumstances permit, an armistice or cease-fire should be arranged to enable the wounded and sick to be located and removed to safety and medical care.

…

Following each naval engagement at sea, the belligerents are obligated to take all possible measures, consistent with the security of their forces, to search for and rescue the shipwrecked.

United States of America

The US Naval Handbook (2007) states:

… Parties to the conflict must, after each engagement and without delay, take all possible measures to search for and collect the wounded and sick on the field of battle … . When circumstances permit, a cease-fire should be arranged to enable the wounded and sick to be located and removed to safety and medical care. …

Likewise, a similar duty extends to shipwrecked persons, whether military or civilian. Shipwrecked persons include those in peril at sea or in other waters as a result of the sinking, grounding, or other damage to a vessel in which they are embarked, or of the downing or distress of an aircraft. It is immaterial whether the peril was the result of enemy action or nonmilitary causes. Following each naval engagement at sea, the belligerents are obligated to take all possible measures, consistent with the security of their forces, to search for and rescue the shipwrecked.

United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 11.6; see also § 8.6.1.

United States of America

The US Manual on Detainee Operations (2008) states:

DODD 2310.01E [Department of Defense Directive, The Department of Defense Detainee Program] requires that all DOD [Department of Defense] personnel and contractors will apply, without regard to a detainee’s legal status, at a minimum, the standards articulated in Common Article 3 to the Geneva Conventions of 1949 …

Article 3 Common to the Geneva Convention of 1949

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

…

(2) The wounded and sick shall be collected.

United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. III-11–III-12.

Yugoslavia, Socialist Federal Republic of

The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) provides:

At all times and especially after an engagement, all necessary measures shall be taken without delay to search for and collect the wounded and sick.

…

Whenever circumstances permit, a cease-fire may be arranged in order to collect, exchange or transport wounded and sick left on the battlefield.

Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, § 164.

The manual further provides:

At all times and especially after an engagement, all appropriate measures shall be taken without delay to … transport [the wounded and sick] to appropriate medical units … A cease-fire may be arranged in order to … transport wounded and sick left on the battlefield.

Zimbabwe

Zimbabwe’s Code of Conduct for Combatants (1993), under the heading “Wounded enemies in the field”, states: “Collect them.”

Zimbabwe, Code of Conduct for Combatants, Joint publication of the Zimbabwe Defence Forces and the International Committee of the Red Cross Regional Delegation in Harare, 1993, p. 4.

Under the heading “Wounded, sick and shipwrecked enemies at sea”, the Code of Conduct further states: “Search for them and collect them after every engagement.”

Zimbabwe, Code of Conduct for Combatants, Joint publication of the Zimbabwe Defence Forces and the International Committee of the Red Cross Regional Delegation in Harare, 1993, p. 6.

IV. National Legislation

Azerbaijan

Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that, in both international and non-international armed conflicts, at any time and especially after an engagement, the wounded and sick shall be searched for and evacuated from the battlefield.

Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 24.

Bangladesh

Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime.

Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).

Botswana

Botswana’s Geneva Conventions Act (1970) provides for the obligation to search for the wounded and sick.

Botswana, Geneva Conventions Act, 1970, Schedule 1, Article 15.

China

China’s Criminal Law (1979), as amended in 1997, states:

Where a wounded or sick serviceman is deliberately abandoned on a battlefield, if the circumstances are flagrant, the persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than five years.

China, Criminal Law, 1979, as amended in 1997, Article 444.

Colombia

Colombia’s Penal Code (2000) provides for the punishment of “anyone who, during an armed conflict, … abandons the wounded and sick”.

Colombia, Penal Code, 2000, Article 145.

Democratic Republic of the Congo

The Democratic Republic of the Congo’s Code of Military Justice (1972), as amended in 1980, provides for the punishment of any member of the armed forces who does not assist persons in danger.

Democratic Republic of the Congo, Code of Military Justice, 1972, as amended in 1980, Article 519.

Denmark

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:

Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].

Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).

Denmark’s Military Criminal Code (2005) provides:

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].

Denmark, Military Criminal Code, 2005, § 36(2).

France

France’s Code of Defence (2004), as amended in 2008, states:

Combatants must collect, protect and care for the wounded, sick and shipwrecked without any discrimination on the grounds of race, gender, religion, nationality, ideology or ethnic group.

France, Code of Defence, 2004, as amended in 2008, Article D4122-8.

Iraq

Iraq’s Military Penal Code (1940) punishes any person who abandons the wounded or fails to bring the wounded to a designated location.

Iraq, Military Penal Code, 1940, Article 115(c).

Ireland

Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 4 and 15 of the Geneva Convention I, Articles 5 and 18 of the Geneva Convention II and Articles 16 and 17 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Article 19, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 8, are punishable offences.

Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).

Italy

Italy’s Wartime Military Penal Code (1941) provides for the punishment of any military medical personnel who, during or after an engagement, fail to provide assistance to the wounded, sick or shipwrecked.

Italy, Wartime Military Penal Code, 1941, Article 190.

Nicaragua

Nicaragua’s Military Penal Code (1996) provides for the punishment of the soldier who fails to search for and rescue the wounded, sick and shipwrecked, irrespective of the party to which they belong.

Nicaragua, Military Penal Code, 1996, Article 56(2).

Norway

Norway’s Military Penal Code (1902), as amended in 1981, provides:

Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.

Norway, Military Penal Code, 1902, as amended in 1981, § 108.

Peru

Peru’s Decree on the Use of Force by the Armed Forces (2010) states: “The wounded and sick shall be collected”.

Peru, Decree on the Use of Force by the Armed Forces, 2010, Article 8.2.2.

Somalia

Somalia’s Military Criminal Code (1963) states:

A commander who causes serious harm … to the sick, wounded or shipwrecked, by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years.

Somalia, Military Criminal Code, 1963, Article 382.

Spain

Spain’s Royal Ordinance for the Armed Forces (1978) punishes the failure to search for and rescue the wounded and sick of both parties.

Spain, Royal Ordinance for the Armed Forces, 1978, Article 140.

Spain

Under Spain’s Military Criminal Code (1985), failure to use the available means to search and rescue the wounded, sick and shipwrecked constitutes an offence against the laws and customs of war.

Spain, Military Criminal Code, 1985, Article 77(1).

Spain

Spain’s Royal Ordinances for the Armed Forces (2009) states: “Whenever circumstances for the accomplishment of the mission and the security of the unit permit, [members of the armed forces] must take, without delay, all possible measures to search for the wounded, sick and shipwrecked”.

Spain, Royal Ordinances for the Armed Forces, 2009, Article 108.

United States of America

Under the US War Crimes Act (1996), violations of common Article 3 of the 1949 Geneva Conventions are war crimes.

United States, War Crimes Act, 1996, Section 2441(c).

United States of America

In July 2006, the US Deputy Secretary of Defense issued a memorandum to senior military and civilian personnel in the Department of Defense (DoD) on the subject of common Article 3 of the 1949 Geneva Conventions and its application to the treatment of detainees:

The Supreme Court Hamdan v. Rumsfeld, 548 US 557, 29 June 2006] has determined that Common Article 3 to the Geneva Conventions of 1949 applies as a matter of law to the conflict with Al Qaeda. The Court found that the military commissions as constituted by the Department of Defense are not consistent with Common Article 3.

It is my understanding that, aside from the military commission procedures, existing DoD orders, policies, directives, execute orders, and doctrine comply with the standards of Common Article 3 … In addition, you will recall the President’s prior directive [President George W. Bush, Memorandum, Humane Treatment of Al Qaeda and Taliban Detainees, 7 February 2002] that “the United States Armed Forces shall continue to treat detainees humanely,” humane treatment being the overarching requirement of Common Article 3.

You will ensure that all DoD personnel adhere to these standards. In this regard, I request that you promptly review all relevant directives, regulations, policies, practices and procedures under your purview to ensure that they comply with the standards of Common Article 3.

United States, Department of Defense, Deputy Secretary of Defense, Gordon England, Memorandum, Application of Common Article 3 of the Geneva Conventions to the Treatment of Detainees in the Department of Defense, 7 July 2006.

Uruguay

Uruguay’s Military Penal Code (1943), as amended, provides for the punishment of “failure to assist, when possible, an enemy who surrenders in case of shipwreck, fire, explosion, earthquake or similar circumstances”.

Uruguay, Military Penal Code, 1943, as amended, Article 58(20; see also Article 58(21).

Venezuela

Venezuela’s Code of Military Justice (1998), as amended, provides for the punishment of anyone who denies or obstructs assistance to the wounded and sick.

Venezuela, Code of Military Justice, 1998, as amended, Article 474(4).

Viet Nam

Viet Nam’s Penal Code (1990) provides for the punishment of anyone who “intentionally leaves behind a soldier killed or wounded on the battlefield” or for the failure to “care for or give medical treatment to a wounded soldier”.

Viet Nam, Penal Code, 1990, Article 271(1).

Viet Nam

Viet Nam’s Penal Code (1999) provides for the punishment of anyone “who deliberately leaves war-wounded and/or war dead on the battlefield or leaves war-wounded untended and untreated, thus causing serious consequences”.

Viet Nam, Penal Code, 1999, § 336.1.

Viet Nam

Viet Nam’s Criminal Code (2015), which includes war crimes, states:

Chapter XXV

INFRINGEMENTS UPON DUTIES AND RESPONSIBILITIES OF SERVICEMEN AND COOPERATORS WITH THE ARMY IN WARTIME

Article 392. People having criminal responsibility for infringement upon duties and responsibilities of servicemen

1. Servicemen, military workers and employees.

2. Reserve servicemen during training period.

3. Militia members [cooperating] with the army in wartime.

4. Citizens recruited to the army.

…

Article 417. Abandonment of wounded or dead soldiers or failure to treat wounded soldiers

1. Any person who is responsible but deliberately abandons a wounded or dead soldier in the battlefield or fails to treat a wounded soldier and causes the missing or death of such soldier shall face a penalty of up to 03 years’ community [service] or 06–60 months’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 03–10 years’ imprisonment:

a) The offender is a commander or commissioned officer;

b) The offence involves ≥ 02 wounded or dead soldiers.

Viet Nam, Criminal Code, 2015, Articles 392 and 417.

V. National Case-law

Colombia

In 2005, in the Constitutional Case No. C-203/05, the Plenary Chamber of Colombia’s Constitutional Court stated:

In accordance with [Article 3 common to the four Geneva Conventions of 1949] … , in cases of non-international armed conflicts in the territory of one of the Parties, each party to the conflict shall be bound to apply certain minimum guarantees without affecting their legal status as parties to the conflict, including: … The wounded and sick shall be collected and cared for.

Colombia, Constitutional Court, Constitutional Case No. C-203/05, Judgment of 8 March 2005, § 5.4.2.2.

Colombia

In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:

Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the obligation to collect … the wounded and sick.

Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 112.

[footnote in original omitted]

Israel

In its judgment in Physicians for Human Rights v Commander of IDF Forces in the Gaza Strip in 2004, Israel’s High Court of Justice stated:

There is no disagreement regarding the normative framework. The army must do all possible, subject to the current state of the combat, to allow the evacuation of local residents wounded during combat activities. On this issue, Justice Dorner gave the ruling of this court more than two years ago in HCJ 2936/02 Physicians for Human Rights v. Commander of IDF Forces in the West Bank:

[O]ur combat forces are required to abide by the rules of humanitarian law regarding the care of the wounded, the ill and the bodies of the deceased. The fact that medical personnel have abused their position in hospitals and in ambulances has made it necessary for the IDF to act in order to prevent such activities but does not, in and of itself, justify sweeping breaches of humanitarian rules. Indeed, this is also the position of the state. This stance is required not only under the rules of international law on which the petitioners have based their arguments here, but also in light of the values of the State of Israel as a Jewish and democratic state.

…

… It is appropriate not to make the transfer of wounded contingent upon the relaying of their names and identification numbers. However, we see no fault in the attempt to receive this information when it is attainable, assuming that receipt of this data is not a condition for transport outside of the combat area and does not cause unreasonable delay in transport.

Israel, High Court of Justice, Physicians for Human Rights v. Commander of IDF Forces in the Gaza Strip, Judgment, 30 May 2004, § 23.

Israel

In its judgment in Physicians for Human Rights v. Prime Minister of Israel in 2009, concerning the humanitarian situation in the Gaza Strip consequent to the start of Israeli military operations (“Cast Lead”) there in December 2008, Israel’s High Court of Justice stated:

17. … [T]he rules of customary international law – … demand that the wounded should be allowed to be evacuated from the site of the hostilities … – apply to the combat operations that are being carried out in the “Cast Lead” operation and bind the actions of the IDF [Israel Defence Forces].

…

20. … [T]here are provisions [in international humanitarian law] that require the parties to allow the evacuation and medical treatment of the wounded. In this respect, art. 16 of the [1949] Fourth Geneva Convention provides a special protection for the sick and wounded, and it requires the parties to the conflict to allow and facilitate searches for and assistance of the wounded and to protect them from improper treatment, in so far as military considerations allow:

“The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded ...” (Emphasis supplied).

In addition, art. 15 of the First Protocol [1977 Additional Protocol I] provides that medical personnel should be allowed access to every site where they are needed, subject to supervision and security measures that are essential to the relevant party. In Physicians for Human Rights v. IDF Commander in Gaza [2004] the court held in this regard that:

“The army must do everything possible, subject to the state of the fighting, to allow the evacuation of local inhabitants that were wounded in the fighting” (para. 23).

Israel, High Court of Justice, Physicians for Human Rights v. Prime Minister of Israel, Judgment, 19 January 2009, §§ 17 and 20.

South Africa

In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:

The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.

…

The accused’s position is stated to be that this Court has no jurisdiction to try him.

…

… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …

…

On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …

South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.

After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.

Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.

…

The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …

The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …

South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …

…

… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.

…

To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.

…

Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.

Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …

…

I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.

…

It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …

…

In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.

…

To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …

…

According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.

This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].

…

I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.

For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.

This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.

In the result, the preliminary point is dismissed. The trial must proceed.

South Africa, Supreme Court, Petane case, Judgment, 3 November 1987, pp. 2–8.

South Africa

In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:

In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.

…

Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane stated:

This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.

Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.

This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.

Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.

The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …

Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane.

South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, pp. 21–22.

[footnotes in original omitted]

The Court also held:

If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris.

South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, p. 66.

VI. Other National Practice

Bosnia and Herzegovina

The Report on the Practice of Bosnia and Herzegovina provides the following examples concerning the evacuation and transportation of the wounded and sick: instructions of the army general in November 1993 to the command of the 4th Corps regarding the evacuation of the wounded and sick;

Bosnia and Herzegovina, Headquarters of the Supreme Command of the Armed Forces, Office of the Commander in Chief, Instructions to the 4th Corps, No. 1/297-536, 13 November 1993, Report on the Practice of Bosnia and Herzegovina, 2000, Chapter 5.1.

approval given by the army general to the command of the 3rd Corps in December 1993 for the evacuation of 11 seriously ill persons from Vitez, with the assistance of the ICRC, as well as for the evacuation of 15 wounded HVO members;

Bosnia and Herzegovina, Headquarters of the Supreme Command of the Armed Forces, Office of the Commander in Chief, Instructions to the 3rd Corps, No. 1/297-590, 5 December 1993, Report on the Practice of Bosnia and Herzegovina, 2000, Chapter 5.1.

and instructions of the army general to the 5th Corps in December 1993 regarding the evacuation of the wounded and sick.

Bosnia and Herzegovina, Headquarters of the Supreme Command of the Armed Forces, Office of the Commander in Chief, Instructions to the 5th Corps, No. 1/297-625, 13 December 1993, Report on the Practice of Bosnia and Herzegovina, 2000, Chapter 5.1.

Djibouti

In 2010, in the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Treatment”, stated: “Wounded, sick or shipwrecked enemy combatants shall be searched for [and] collected”.

Djibouti, Ministry of National Education and Higher Education, History and Geography Textbook for 8th Grade, 2010, p. 194.

Egypt

The Report on the Practice of Egypt states:

In application of its long dated experience, Egypt considers the search for and care of wounded [and] sick … as a tradition which should be respected at all times and in any circumstance, particularly in time of military operations.

Report on the Practice of Egypt, 1997, Chapter 5.1.

France

In February 1987, the French Government issued a communiqué in relation to the besieged Palestinian camps in southern Lebanon and invited “the entire international community to mobilize and act in solidarity so that … wounded can be safely evacuated”.

France, Ministry of Foreign Affairs, Communiqué on Palestinian camps under siege in Lebanon, 11 February 1987, Politique étrangère de la France, February 1987, p. 103.

France

The instructions given to the French armed forces for the conduct of Opération Mistral, simulating a military operation under the right of self-defence or a mandate of the UN Security Council, state: “The wounded and sick, whether civilian or military, must be respected, collected, protected and cared for.”

France, Etat-major de la Force d’Action Rapide, Ordres pour l’Opération Mistral, 1995, Section 6, § 62.

Islamic Republic of Iran

According to the Report on the Practice of the Islamic Republic of Iran, during the Iran–Iraq War, Iran evacuated wounded Iraqi combatants to safe places, in accordance with the principles of Islamic law.

Report on the Practice of the Islamic Republic of Iran, 1997, Chapter 5.1.

Israel

In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated that “a special medical coordination centre was set up in the Gaza District CLA [Coordination and Liaison Administration] … which dealt with assistance to civilians in danger and with evacuation of the wounded … from areas of hostilities”.

Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 274.

Jordan

The Report on the Practice of Jordan states: “Jordan recognizes that its armed forces are under an obligation to search for the wounded … as soon as circumstances permit.”

Report on the Practice of Jordan, 1997, Chapter 5.1.

Malaysia

On the basis of an interview with the Ministry of Home Affairs, the Report on the Practice of Malaysia states: “There exists a practice of searching for the wounded after any confrontation.”

Report on the Practice of Malaysia, 1997, Interview with the Ministry of Home Affairs, Chapter 5.1.

On the basis of interviews with members of the armed forces, the report states:

The Maritime Police Unit is responsible for the rescue of any shipwrecked vessel notwithstanding the fact that the vessel is an enemy vessel. Enemy vessels, which are shipwrecked in the course of battle, are only provided with assistance upon surrender. Once enemy ships are no longer seaworthy, no further attack is permitted. Enemy personnel are left to carry out their own evacuation and life saving procedures.

There exists a practice of searching for those parachuting in distress.

Report on the Practice of Malaysia, 1997, Interviews with members of the armed forces, Chapter 5.1.

Netherlands

In 2005, in reply to written questions concerning, inter alia, the treatment of wounded persons in Afghanistan, the Minister of Defence of the Netherlands stated:

If persons are wounded during actions in which Dutch soldiers are involved, then they will be treated in accordance with international humanitarian law. International humanitarian law contains, amongst others, the obligation to take all possible measures to trace the wounded and sick.

Netherlands, Lower House of Parliament, Statement by the Minister of Defence, Handelingen, 2004–2005 Session, 14 September 2005, Appendix No. 2405, p. 4848.

Philippines

The Guidelines on Evacuations adopted in 1991 by the Presidential Human Rights Committee of the Philippines provided: “Non-Government health workers … shall be permitted to go to evacuation centers to render medical/relief assistance to evacuees.”

Philippines, Presidential Human Rights Committee, Resolution No. 91-001 Providing for Guidelines on Evacuations, 26 March 1991, § 5.

Philippines

According to the Report on the Practice of the Philippines:

In an armed conflict where guerilla warfare is the strategy used, distinguishing between civilians and combatants is very difficult. This is precisely the reason why the Philippines have adopted the same rules for both civilians and combatants with regard to the search for … the wounded [and] sick.

Report on the Practice of the Philippines, 1997, Chapter 5.1.

Somalia

In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:

The leader … gave out the following instructions which were to be strictly followed:

…

7. We should not abandon our wounded on the battlefield. We should rather fight tenaciously to rescue them and evacuate them to safety.

Somalia, Spared from the Spear, 1998, p. 24.

The publication also described traditional Somali practice as follows: “Examining the actual treatment of the war-wounded in traditional Somali conflicts, we find that, generally, Somalis followed the practice of sparing the enemy’s wounded who were found lying on the battlefield. These were rather taken home”.

Somalia, Spared from the Spear, 1998, p. 43.

In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, the Transitional Federal Government of Somalia referred to “Spared from the Spear” as its “own Geneva Conventions”:

In times of hostilities, the Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups.

Somalia, Comments by the Transitional Federal Government of Somalia on the concluding observations of the Human Rights Council concerning the report of Somalia, submitted 21 September 2011, § 4.

Spain

In 2010, in its report to the UN General Assembly on the status of the 1977 Additional Protocols, Spain stated:

Article 85 entitled “Principle of Humanity”, contained in Title IV on Operations [of the Royal Ordinances for the Armed Forces (2009)] clearly embodies the spirit of the [1949] Geneva Convention and its [1977] Additional Protocols, as it provides that “[the] … conduct [of members of the armed forces] in any conflict or military operation must conform to the applicable rules of the international treaties on international humanitarian law to which Spain is a party”.

That is further developed in Chapter VI on Ethics in Operations, which goes into specific duties under international humanitarian law … the search for the wounded, sick, [and] shipwrecked.

Spain, Report on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflict, 5 May 2010, Section 2.

Switzerland

Switzerland’s ABC of International Humanitarian Law (2009) states:

Wounded, sick and shipwrecked

Wounded and sick are defined as members of the armed forces or Civilians, who are in need of medical attention and who renounce all acts of hostility. According to this definition, a wounded combatant who continues to make use of a weapon does not qualify.

International humanitarian law calls on all parties to a conflict to treat the wounded and sick in a humane way, i.e. to shelter, rescue and protect them and to provide medical care. No distinction is to be made, except of a medical nature, and Women are given special consideration. The same rules apply to shipwrecked persons, i.e. to all members of the armed forces and civilians in danger at sea or in any other body of water. Wounded, sick and shipwrecked Combatants are to be accorded Prisoner of war status.

Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 42.

Switzerland

In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:

3.4 [Increasing use] of anti-guerrilla tactics

…

Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions.

Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.

[footnotes in original omitted]

United Kingdom of Great Britain and Northern Ireland

In 1984, in reply to a question in the House of Commons regarding the war in the South Atlantic in 1982 and in particular the sinking of the Argentine warship Belgrano by HMS Conqueror, the UK Prime Minister wrote:

Immediately after the attack upon the Belgrano, Conqueror herself came under attack from the Argentine escorting destroyers and, to evade this, moved away from the area … When on 4th May Conqueror signalled she was returning to that area, she was ordered not to attack warships engaged in rescuing survivors from the Belgrano.

United Kingdom, House of Commons, Annex to a letter of the Prime Minister in reply to a question, Hansard, 29 October 1984, Vol. 65, Written Answers, cols. 786–9, § 13.

United Kingdom of Great Britain and Northern Ireland

In 2010, in its closing submissions to the public inquiry into the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him by UK armed forces in Iraq in 2003, the UK Ministry of Defence stated regarding common Article 3 of the 1949 Geneva Conventions: “On its face this protection is restricted to armed conflicts not of an international character. However, it is understood to apply in all forms of armed conflict as part of customary international law to set out the irreducible minimum standard.”

United Kingdom, Ministry of Defence, Closing Submissions to the Baha Mousa Public Inquiry on Modules 1–3, 25 June 2010, § 10.2, p. 10.

United States of America

According to the Report on US Practice, it is the opinio juris of the United States that, whenever circumstances permit, all possible measures should be taken to search for the wounded and sick in accordance with Article 8 of the 1977 Additional Protocol II.

Report on US Practice, 1997, Chapter 5.1.

Zimbabwe

The Report on the Practice of Zimbabwe states: “Zimbabwe seems to regard as customary, the rules of international practice codified in the Geneva Conventions as regards the search for … the wounded”.

Report on the Practice of Zimbabwe, 1998, Chapter 5.1.

VII. United Nations

UN Security Council

In a resolution adopted in 1978 on the situation in Lebanon, the UN Security Council called upon the belligerents to allow ICRC units into the conflict area to evacuate the wounded.

UN Security Council, Res. 436, 6 October 1978, § 2, voting record: 15-0-0.

UN General Assembly

In a resolution adopted in 1985, the UN General Assembly appealed to the Government of El Salvador to “permit the International Committee of the Red Cross to continue to evacuate those wounded and maimed by war to where they can receive needed medical attention”.

UN General Assembly, Res. 40/139, 13 December 1985, § 9; see also Res. 41/157, 4 December 1986, § 8, voting record: 100-2-42-15.

UN Commission on Human Rights

In a resolution adopted in 1986, the UN Commission on Human Rights reiterated the request to the Government of El Salvador and the opposition forces to cooperate fully with the humanitarian organizations dedicated to alleviating the suffering of the civilian population, wherever these organizations operate in the country, and to permit the International Committee of the Red Cross to continue to evacuate those wounded and maimed by the war to places where they can receive medical attention they need.

UN Commission on Human Rights, Res. 1986/39, 12 March 1986, § 6, voting record: 39-0-4.

UN Commission on Human Rights

In a resolution adopted in 1988, the UN Commission on Human Rights requested the Government of El Salvador and the Farabundo Martí para la Liberación Nacional (FMLN) “with the intention of humanizing the conflict, to continue to apply the agreements for the evacuation of war-wounded for medical attention unaffected by new [ex]changes and negotiations”.

UN Commission on Human Rights, Res. 1988/65, 10 March 1988, § 11, adopted without a vote.

This request was reiterated in a subsequent resolution adopted in 1989.

UN Commission on Human Rights, Res. 1989/68, 8 March 1989, § 11, adopted without a vote.

UN Commission on Human Rights

In a resolution adopted in 1991, the UN Commission on Human Rights called upon the parties to the conflict in El Salvador to guarantee respect for IHL, “particularly with regard to the evacuation of the war-wounded and maimed in order that they may receive prompt medical attention”.

UN Commission on Human Rights, Res. 1991/75, 6 March 1991, § 9, adopted without a vote.

UN Commission on Human Rights

In a resolution adopted in 2003 on the question of the violation of human rights in the occupied Arab territories, including Palestine, the UN Commission on Human Rights:

Also strongly condemns again the opening of fire by the Israeli army of occupation on ambulances and paramedical personnel and the practice of preventing ambulances and vehicles of the International Committee of the Red Cross from reaching the wounded and the dead in order to transport them to hospital, thus leaving the wounded bleeding to death in the streets.

UN Commission on Human Rights, Res. 2003/6, 15 April 2003, § 10, voting record: 33-5-15.

UN Commission on Human Rights

In a resolution adopted in 2004 on the question of the violation of human rights in the occupied Arab territories, including Palestine, the UN Commission on Human Rights:

Also strongly condemns once more the Israeli army of occupation’s practices of opening fire on ambulances and paramedical personnel and preventing ambulances and vehicles of the International Committee of the Red Cross from reaching the wounded and the dead in order to transport them to hospital, thus leaving the wounded bleeding to death in the streets.

UN Commission on Human Rights, Res. 2004/10, 15 April 2004, preamble and § 10, voting record: 31-7-15.

UN Sub-Commission on Human Rights

In a resolution adopted in 1987 on the situation in El Salvador, the UN Sub-Commission on Human Rights:

Welcomes the implementation of the agreement reached by both contending parties to allow the International Committee of the Red Cross to evacuate the war-wounded and disabled of the Farabundo Marti National Liberation Front without the need for exchanges or prior negotiations in order for them to receive the necessary medical care.

UN Sub-Commission on Human Rights, Res. 1987/18, 2 September 1987, § 4.

UN Sub-Commission on Human Rights

In a resolution adopted in 1989 on the situation in El Salvador, the UN Sub-Commission on Human Rights expressed regret that “the Government of El Salvador has continued to prevent the International Committee of the Red Cross from evacuating the war-wounded and maimed to other countries and frequently does not even allow it to transfer the seriously wounded to a local emergency hospital”. It reminded “the Government of El Salvador that in accordance with Additional Protocol II to the Geneva Conventions … it may not prevent [the] evacuation [of the war-wounded and disabled] by the International Committee of the Red Cross so that they may receive the medical attention they require”.

UN Sub-Commission on Human Rights, Res. 1989/9, 31 August 1989, preamble and § 4; see also § 7.

UN Secretary-General

In 1996, in a report concerning Liberia, the UN Secretary-General reported that the United Nations Observer Mission in Liberia (UNOMIL) had facilitated discussions on the evacuation of the wounded.

UN Secretary-General, 15th progress report on UNOMIL, UN Doc. S/1996/47, 23 January 1996, § 26.

UN Secretary-General

In 2000, in his report on the establishment of a Special Court for Sierra Leone, the UN Secretary-General stated that common Article 3 of the 1949 Geneva Conventions and Article 4 of the 1977 Additional Protocol II “have long been considered customary international law”.

UN Secretary-General, Report on the establishment of a Special Court for Sierra Leone, UN Doc. S/2000/915, 4 October 2000, § 14.

VIII. Other International Organizations

European Parliament

In two resolutions adopted in 1995 in the context of the conflict in Chechnya, the European Parliament called on “the Russian and Chechen sides to call an immediate humanitarian ceasefire to permit the retrieval of the … wounded”.

European Parliament, Resolution on the humanitarian situation in Chechnya and the neighbouring republics of Ingushetia, Daghestan and Northern Ossetia, 16 February 1995, § 1; Resolution on human rights in Chechnya, 16 March 1995, § 2.

IX. International Conferences

No data.

X. International and Mixed Judicial and Quasi-judicial Bodies

International Court of Justice

In its judgment in the Nicaragua case (Merits) in 1986, the ICJ held that the rules contained in common Article 3 of the 1949 Geneva Conventions reflect what in 1949 in the Corfu Channel case (Merits) the Court had called “elementary considerations of humanity”.

ICJ, Nicaragua case (Merits), Judgment, 27 June 1986, § 218.

Eritrea-Ethiopia Claims Commission

In its Prisoners of War (Eritrea’s Claim) partial award (2003), the Eritrea-Ethiopia Claims Commission, in considering the obligation to collect the wounded and sick, stated:

A State’s obligation to ensure humane treatment of enemy soldiers can be severely tested in the heated and confused moments immediately following capture or surrender and during evacuation from the battlefront to the rear. Nevertheless, customary international law as reflected in [the 1949] Geneva Conventions I and III … requires the wounded and sick to be collected.

Eritrea-Ethiopia Claims Commission, Prisoners of War, Eritrea’s Claim, Partial Award, 1 July 2003, § 58.

Inter-American Court of Human Rights

In the Aloeboetoe and Others case before the Inter-American Court of Human Rights in 1988, the facts as stated in the petition alleged that following an incident in which a group of soldiers arrested and shot a number of “unarmed maroons (bushnegroes)” on suspicion of membership of the Jungle Commando, “the representative of the International Red Cross received a permit to evacuate Mr. Aside [a seriously injured man] after negotiating with the authorities [of Suriname] for 24 hours”.

Inter-American Court of Human Rights, Aloeboetoe and Others case, Judgment, 4 December 1991, § 15.

XI. International Red Cross and Red Crescent Movement

ICRC

To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:

As soon as the tactical situation permits, necessary measures shall be taken … to search for [and] collect … the wounded and shipwrecked …

Civil defence units and personnel shall participate in the search for victims, particularly when there are civilian casualties.

…

Local arrangements shall be concluded for the search [and] removal … of the wounded and shipwrecked.

Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, §§ 483–484 and 535.

It is also thought that “evacuation through the appropriate channel shall be organised and start as rapidly as the tactical situation permits” and that “local arrangements shall be concluded for the … evacuation of the wounded and shipwrecked”.

Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, §§ 507 and 535; see also § 581.

ICRC

On numerous occasions, the ICRC has acted as a neutral intermediary and provided its good offices in order to facilitate the negotiation of truces or cease-fire agreements for the removal of wounded and sick.

François Bugnion, Le Comité International de la Croix-Rouge et la Protection des Victimes de la Guerre, ICRC, Geneva, 1994, pp. 557–564.

It has been the case, in particular, in the following situations:

• in the Palestinian conflict (between June and August 1948);

IRRC, No. 354, June 1948, pp. 401–407; IRRC, No. 356, August 1948, pp. 552–553; IRRC, No. 357, September 1948, pp. 618–620; ICRC, Report of Mission of Mr de Reyner, 31 March 1948; ICRC, Report of Mission of Dr Lehner and Mrs Torin, 15 June 1948; ICRC, Report of Mission of Mr de Reyner, January 1948–July 1949.

• during the clashes in Budapest (November 1956);

IRRC, No. 456, December 1956, p. 720.

• in the conflict between the armed forces of France and Tunisia in Bizerte (July 1961);

IRRC, No. 515, November 1961, p. 530; Keesing’s Contemporary Archives, 1961, pp. 18341–18343.

• during the civil war in the Dominican Republic (May 1961);

IRRC, No. 558, June 1965, p. 283; IRRC, No. 559, July 1965, pp. 335–337; ICRC, Annual Report 1965, Geneva, 1966, pp. 39–42; Keesing’s Contemporary Archives, 1965, pp. 20813–20818.

• during the events in Kisangani between European mercenaries and the Congolese army (July 1967);

IRRC, No. 584, August 1967, pp. 371–372; Keesing’s Contemporary Archives, 1967, p. 22188.

• during the hostilities opposing the Jordanian armed forces and Palestinian movements (September 1967);

IRRC, No. 622, October 1970, pp. 618–624; Keesing’s Contemporary Archives, 1970, p. 24230.

• during the 1973 war between Egypt and Israel (November 1973 and January 1974);

IRRC, No. 660, December 1973, pp. 728–729; IRRC, No. 662, February 1974, pp. 92–93; ICRC, Annual Report 1973, Geneva, 1974, pp. 12–13; ICRC, Annual Report 1974, Geneva, 1975, p. 20; Keesing’s Contemporary Archives, 1973, pp. 26202–26203.

• during the civil war in Lebanon (August 1976 and 1981);

IRRC, No. 692, August 1976, pp. 477–478; IRRC, No. 693, September 1976, pp. 545–546; ICRC, Annual Report 1976, Geneva, 1977, p. 6; ICRC, Annual Report 1981, Geneva, 1982, pp. 52–53; Keesing’s Contemporary Archives, 1976, pp. 28119–28121.

• during the civil war in Nicaragua (September 1978);

IRRC, No. 713, September–October 1978, p. 293; IRRC, No. 717, May–June 1979, pp. 160–161; IRRC, No. 718, July–August 1979, pp. 206–207; Keesing’s Contemporary Archives, 1978, p. 29375.

• during the civil war in Chad (February and March 1979);

IRRC, No. 716, March–April 1979, pp. 95–96; IRRC, No. 723, May–June 1980, pp. 148–150; Keesing’s Contemporary Archives, 1981, p. 30693.

and

• during the Israeli offensive in Lebanon (August and September 1982).

IRRC, No. 737, September–October 1982, p. 305; ICRC, Annual Report 1982, Geneva, 1983, pp. 56–57; Keesing’s Contemporary Archives, 1983, pp. 31914–31920.

ICRC

In an appeal issued in 1983 in the context of the Iran–Iraq War, the ICRC pointed to grave violations of IHL committed by both countries, including “abandoning of enemy wounded on the battlefield”.

ICRC, Conflict between Iraq and Iran: ICRC Appeal, IRRC, No. 235, 1983, p. 221.

ICRC

In a Memorandum on the Applicability of International Humanitarian Law sent in 1990 to all States party to the Geneva Conventions in the context of the Gulf War, the ICRC stated: “The following principles in particular must be respected: … the wounded, the sick and the shipwrecked must be collected … regardless of the party to which they belong.”

ICRC, Memorandum on the Applicability of International Humanitarian Law, 14 December 1990, § I, IRRC, No. 280, 1991, p. 24.

ICRC

In a communication to the press in 1991, the ICRC urged all the parties to the conflict in Somalia to help the Red Cross and Red Crescent “in evacuating the wounded”.

ICRC, Communication to the Press No. 91/49, Desperate situation in Mogadishu, 29 November 1991.

ICRC

In a communication to the press in 1993, the ICRC enjoined the parties to the conflict in Somalia “to collect … wounded and sick”.

ICRC, Communication to the Press No. 93/17, Somalia: ICRC appeals for compliance with international humanitarian law, 17 June 1993.

ICRC

In 1994, in a Memorandum on Respect for International Humanitarian Law in Angola, the ICRC stated: “All the wounded and sick, both civilian and military, must be collected. … When [the wounded and sick] cannot receive the care needed for their survival on the spot, their evacuation shall be organized and facilitated, insofar as the security situation permits.”

ICRC, Memorandum on Respect for International Humanitarian Law in Angola, 8 June 1994, § I, IRRC, No. 320, 1997, p. 503.

ICRC

In 1994, in a Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise in the Great Lakes region, the ICRC emphasized: “All the wounded and sick must be collected … without distinction, in accordance with the provisions laid down primarily in the First and Fourth Geneva Conventions”.

ICRC, Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise, 23 June 1994, § I, reprinted in Marco Sassòli and Antoine A. Bouvier, How Does Law Protect in War?, ICRC, Geneva, 1999, p. 1308.

ICRC

In a communication to the press issued in 1996 in the context of the conflict in Chechnya, the ICRC called upon the parties to do everything possible to facilitate the evacuation of the wounded and sick to hospitals.

ICRC, Communication to the Press No. 96/10, Chechen conflict: ICRC appeal, 8 March 1996, § 2.

In another communication to the press later the same year, the ICRC appealed to the parties to provide security guarantees to enable its delegates to evacuate the wounded.

ICRC, Communication to the Press No. 96/25, Russian Federation/Chechnya: ICRC calls on all parties to observe a truce, 10 August 1996, § 1.

ICRC

In a communication to the press issued in 2000 in connection with the hostilities in the Near East, the ICRC stated: “The wounded and sick must be collected … regardless of the party to which they belong.”

ICRC, Communication to the Press No. 00/42, ICRC appeal to all involved in violence in the Near East, 21 November 2000.

XII. Other

Frente Revolucionária de Timor-Leste Independente (FRETILIN)

In 1984, in the context of the conflict in East Timor, a statement issued by the head of the FRETILIN external delegation referred to an incident in which a Forças Armadas de Libertação Nacional de Timor-Leste (FALINTIL) unit was forced to withdraw when Indonesian helicopters intervened to evacuate the wounded after an attack.

São Tomé and Principe, Documents on the question of East Timor submitted to the UN Secretariat, UN Doc. A/39/345-S/16668, 16 July 1984, Annex, p. 14.

Turku Declaration of Minimum Humanitarian Standards

The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, provides: “Every possible measure shall be taken, without delay, to search for and collect wounded [and] sick.”

Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 13, IRRC, No. 282, 1991, p. 335.

2. 实践\搜寻、收集并撤离伤者、病者及遇船难者

Practice Relating to Rule 109. Search for, Collection and Evacuation of the Wounded, Sick and Shipwrecked