Practice Relating to Rule 88. Non-Discrimination
Section C. Wounded and sick
Note: For practice concerning distinction among the wounded and sick on medical grounds only, see Rule 110, Section B.
Geneva Convention I
Article 12, second paragraph, of the 1949 Geneva Convention I provides that the protection due to wounded and sick members of the armed forces in the field shall be granted “without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria”.
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 12, second para.
Geneva Convention II
Article 12, second paragraph, of the 1949 Geneva Convention II provides that the protection due to wounded, sick and shipwrecked members of the armed forces at sea shall be granted “without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria”.
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 12, second para.
Geneva Convention II
Article 30, first paragraph, of the 1949 Geneva Convention II provides that military hospital ships and the hospital ships of National Red Cross Societies of the parties to the conflict and of neutral States and small craft employed for coastal rescue operations “shall afford relief and assistance to the wounded and sick and the shipwrecked without distinction of nationality”.
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 30, first para.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraphs 1 and 2 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia provide that “all wounded and sick” and “all wounded and sick at sea” shall be treated in accordance with the 1949 Geneva Convention I.
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, §§ 1 and 2.
UN Secretary-General’s Bulletin
Section 9.1 of the 1999 UN Secretary-General’s Bulletin provides: “Members of the armed forces and other persons in the power of the United Nations force who are wounded or sick … shall … receive the medical care and attention required by their condition, without adverse distinction.”
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 9.1.
Argentina
Argentina’s Law of War Manual (1969) states that the wounded and sick “shall be treated and cared for … without any adverse distinction based on sex, race, nationality, religion, political opinions or on any other similar criteria”.
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, § 3.001.
Australia
Australia’s Commanders’ Guide (1994) provides with regard to the wounded and sick: “No regard is to be paid to the nationality of the patient.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 622.
Australia
Australia’s Defence Force Manual (1994) provides: “While there is no absolute obligation to accept civilian wounded and sick, once civilian patients have been accepted, discrimination against them, on any grounds other than medical, is not permissible.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 987.
Concerning wounded, sick and shipwrecked combatants, the manual states that they “are to be protected and respected, treated humanely … and cared for by any detaining power without any adverse discrimination”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 990.
Australia
Australia’s LOAC Manual (2006) states: “While there is no absolute obligation to accept civilian wounded and sick, once civilian patients have been accepted, discrimination against them, on any grounds other than medical, is not permissible.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.92 and 9.97.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commander’s Manual (1994).
Belgium
Belgium’s Field Regulations (1964) provides that wounded and sick soldiers who have laid down their arms shall be treated without distinction based on nationality.
Belgium, Règlement sur le Service en Campagne, Règlement IF 47, Ministère de la Défense Nationale, Etat-Major Général, Force Terrestre, Direction Supérieure de la Tactique, Direction Générale du Planning, Entraînement et Organisation, 1964, Article 23.
Belgium
Belgium’s Teaching Manual for Soldiers provides that during search and rescue operations, “no difference shall be made between fellow or enemy wounded and sick”.
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) instructs soldiers to “collect and care for the wounded and sick, whether they are friends or enemies”.
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 18.
Bosnia and Herzegovina
Bosnia and Herzegovina’s Military Instructions (1992) provides that the wounded and sick must be treated without any discrimination.
Bosnia and Herzegovina, Instructions on the Implementation of the International Law of War in the Armed Forces of the Republic of Bosnia and Herzegovina, Official Gazette of ABiH, No. 2/92, 5 December 1992, Item 14, § 1.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states with regard to “persons hors de combat”: “These persons must in all circumstances be protected and treated humanely without any adverse distinction.”
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.
The Regulations further states: “The primary mission of the medical personnel is to care without any distinction …”.
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. 57.
The Regulations also states: “Captured enemy medical personnel may not be considered as prisoners of war. They may nonetheless be retained for the sole purpose of caring for the wounded and sick without any distinction.”
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. 25; see also Part I bis, p. 57.
The Regulations further provides:
The combatant who comes across a wounded person must not only spare him. He has also an obligation of active assistance. He is obliged, if operations permit, to search for and collect the wounded, to care for them and to evacuate them from areas of combat. In this respect, no difference may be made between friendly wounded and enemy wounded.
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. 84; see also Part I bis, p. 26.
Canada
Canada’s LOAC Manual (1999) provides: “Regardless of the party to which they belong, or whether they are combatants or non-combatants, the wounded, sick and shipwrecked are to be respected and protected without any adverse discrimination.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-2, § 19.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked:
907. Treatment of the wounded, sick and shipwrecked
1. The wounded, sick and shipwrecked are to be protected, respected, treated humanely and cared for by the Detaining Power without any adverse discrimination.
2. … The term “wounded, sick and shipwrecked”, includes civilians.
908. Priority of treatment
1. Only urgent medical requirements will justify any priority in treatment among those who are sick and wounded.
2. Regardless of the party to which they belong, or whether they are combatants or non-combatants, the wounded, sick and shipwrecked are to be respected and protected without any adverse discrimination.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 907–908.
In its chapter on non-international armed conflicts, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
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:
a. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, gender, birth or wealth, or any other similar criteria.
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 states:
1711. No Adverse Discrimination
1. [Additional Protocol II] applies without any adverse distinction founded on race, colour, gender, language, religion or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
2. [Additional Protocol II] provides that all persons not participating in the conflict or who have ceased to do so are entitled, whether under restriction or not, to respect for their persons, honour and convictions, and religious practices, and are, in all circumstances, to be treated humanely and without adverse distinction.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1711.
The manual also states: “The wounded and sick among [persons whose liberty has been restricted] are to be treated humanely and receive such medical care as their condition requires, without discrimination.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1715.2.
Canada
Rule 7 of Canada’s Code of Conduct (2005) instructs: “Collect all the wounded and sick and provide them with the treatment required by their condition, whether friend or foe.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7.
The Code of Conduct states:
All the wounded and sick, whether friend or foe, shall be respected and protected. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them based on any grounds other than medical ones.
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 1.
Chad
Chad’s Instructor’s Manual (2006) states that “there must be no discrimination in the treatment of the wounded”.
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. 92.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
Persons not or no longer participating in hostilities, including … persons rendered hors de combat by sickness, wounds … must in all circumstances be treated humanely, without any distinction founded on race, religion, faith, sex, social class, or any other similar criteria.
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 24.
Croatia
Croatia’s military manuals provide that wounded and sick persons shall be cared for and protected without distinction.
Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 45; Rules of Conduct for Soldiers, Republic of Croatia, Ministry of Defence, 1992, p. 3; Basic Rules of the Law of Armed Conflicts – Commanders’ Manual, Republic of Croatia, Ministry of Defence, 1992, Rule No. 71, p. 10; Instructions “Basic Rules of International Humanitarian Law Applicable in Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1993, p. 11, Articles 1–3.
Dominican Republic
The Dominican Republic’s Military Manual (1980) provides that enemy sick and wounded and wounded and sick enemy captives shall receive the same medical care as for one’s own troops.
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. 6.
Ecuador
Ecuador’s Naval Manual (1989) provides that wounded and sick members of the armed forces shall be cared for without any distinction with regard to nationality.
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) states: “Captured combatants whether they are wounded, sick or shipwrecked shall be cared for … and benefit from the same treatment as friendly military personnel.”
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
Germany
Germany’s Military Manual (1992) states that in conflicts at sea, “hospital ships shall afford assistance to all wounded, sick and shipwrecked without distinction of nationality”.
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, § 1057.
Germany
Germany’s Soldiers’ Manual (2006) states:
The wounded, sick and shipwrecked shall be respected and protected in all circumstances … They shall be treated humanely and cared for …
There shall be no distinction among them other than on medical grounds.
Germany, Druckschrift Einsatz Nr. 03, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, Erarbeitet nach ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, DSK SF009320187, Bundesministerium der Verteidigung, R II 3, August 2006, p. 5.
Guinea
Guinea’s Soldier’s Manual (2010), under the heading “Rules of conduct in combat”, states: “Collect, protect and care for the wounded and sick, whether they are friends, enemies or civilians.”
Guinea, Soldier’s Manual, Ministry of National Defence, 2010, p. 15.
Ireland
Ireland’s Basic LOAC Guide (2005) states that “those who suffer must be aided and cared for without distinction”.
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 4.
The manual further states: “There must be no distinction among them [the wounded and the sick] founded on any grounds other than medical ones. This means treatment must be by medical priority only and not by nationality. You cannot give automatic priority to your own wounded.”
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.
Israel
With reference to Israel’s Law of War Booklet (1986), the Report on the Practice of Israel states:
The IDF [Israel Defense Forces] has a strict policy [according to which] all wounded and sick shall be treated, respected and protected, irrespective of whichever party they belong to, and without any distinction based upon race, colour, sex, language, religion, belief, political or other opinion, national or social origin, wealth, birth or other similar criteria.
Report on the Practice of Israel, 1997, Chapter 5.1, referring to Conduct in the Battlefield in Accordance with the Law of War, Israel Defense Forces, 1986, p. 16.
Italy
Italy’s IHL Manual (1991) provides: “The wounded and sick enemy will receive the same care as members of national forces.”
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. IV, Article 93.
Italy
Italy’s Combatant’s Manual (1998) states: “Captured wounded and sick belonging to the enemy army must be provided with the same assistance as wounded nationals.”
Italy, Manuale del Combattente, SME 1000/A/2, Stato Maggiore Esercito/Reparto Impiego delle Forze, Ufficio Dottrina, Addestramento e Regolamenti, 1998, § 251.
Mexico
Mexico’s Army and Air Force Manual (2009) states: “According to the provisions of these Conventions, … the sick and the wounded must be respected and protected by the party in whose power they are and must not be discriminated against on the grounds of religion, nationality or political opinions.”
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 73.
Morocco
Morocco’s Disciplinary Regulations (1974) states that wounded and sick persons shall be protected without distinction.
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 provides that the wounded and sick “must be treated without any distinction based on race, skin colour, sex, language, religion, political beliefs, nationality, birth or any other criteria”.
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VI-1, § 2 and p. VI-2.
Netherlands
The IFOR Instructions (1995) of the Netherlands instructs troops to take care of the wounded whether they are friends or enemies.
Netherlands, IFOR Instructiekaart, geweldsinstructie, First Edition, 18 December 1995, § 1.
Netherlands
The Military Manual (2005) of the Netherlands states:
There must be no distinction among them [the wounded and sick] founded on race, skin colour, sex, language, religion or belief, political conviction, national or social origin, wealth, birth or other status or any other such criterion.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0604.
In its chapter on non-international armed conflict, the manual states:
The wounded, the sick and shipwreck survivors must be respected and protected, whether or not they have taken part in the armed conflict. They must in all circumstances be humanely treated, and provided with the requisite medical care without discrimination.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1055.
Nicaragua
Nicaragua’s Military Manual (1996) provides:
People who do not participate directly in hostilities, including persons placed hors de combat because … of sickness or wounds … shall be treated in all circumstances with humanity without any adverse distinction based on race, colour, language, religion or belief, sex, birth, economic status or any other similar criteria or situation.
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 Operational Code of Conduct (1967) states that wounded and sick persons shall be protected without distinction.
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(l).
Nigeria
Nigeria’s Manual on the Laws of War provides that no discrimination with regard to the wounded or sick “based on sex, race, nationality, religion, political belief, or any other similar criteria” is permitted.
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 35.
Peru
Peru’s IHL Manual (2004) states:
a. Medical personnel providing medical services in armed conflicts have a duty to respect the principles of medical ethics as in peacetime. They must behave in the following way:
…
(4) refrain, in the performance of their duties, from any form of discrimination on the grounds of religion, nationality, race, political opinions or social standing;
…
Medical ethics in armed conflict are the same as in peacetime, taking into account that:
…
(3) in emergency situations, medical assistance must be provided without discrimination, the only relevant criterion for determining priority of treatment being the degree of medical urgency.
…
c. …
In accordance with the principle of non-discrimination, there must be no distinction in determining priority of treatment founded on race, political opinion, religion or faith, sex, birth, language, nationality, social standing or wealth, or any other similar criteria.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 84.a and c; see also § 32.l.
Peru
Peru’s IHL and Human Rights Manual (2010) states:
a. Medical personnel providing medical services in armed conflicts have a duty to respect the principles of medical ethics as in peacetime. They must behave in the following way:
…
(4) refrain, in the performance of their duties, from any form of discrimination on the grounds of religion, nationality, race, political opinion or social standing;
…
Medical ethics in armed conflict are the same as in peacetime, taking into account that:
…
(3) in emergency situations, medical assistance must be provided without discrimination
…
c. … In accordance with the principle of non-discrimination, there must be no distinction in determining priority of treatment founded on race, political opinion, religion or faith, sex, birth, language, nationality, social standing, wealth, or any other similar criterion.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 75(a) and (c), pp. 273–274; see also § 33(1), p. 251.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Under any circumstances international humanitarian law ensures humane treatment during an armed conflict of persons not directly involved in combat operations, including those who have been rendered hors de combat by sickness [or] injury … without adverse distinction for reasons of race, colour, faith, birth, wealth or any other similar criteria.
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, § 4.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) provides: “All obligations to the wounded and sick must be carried out without adverse distinction based on sex, race, nationality, religion, political opinions or similar criteria.”
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.
Spain
Spain’s LOAC Manual (1996) states that wounded and sick prisoners and one’s own troops shall be evacuated under the same conditions.
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, División de Operaciones, 18 March 1996, Vol. I, Article 7.3.a.(11).
Spain
Spain’s LOAC Manual (2007) states: “Prisoners of war who are sick or wounded must be evacuated under the same conditions as the detaining power’s own troops.”
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, § 7.3.a.(11).
Switzerland
Switzerland’s military manuals provide that medical personnel shall collect and care for enemy wounded, as well as those of friendly forces.
Switzerland, Lois et coutumes de la guerre, Manuel 51.7/III dfi, Armée suisse, 1984, p. 15; Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 43; Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 70.
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.”
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.
Togo
Togo’s Military Manual (1996) instructs soldiers to “collect and care for the wounded and sick, whether they are friends or enemies”. It recalls the duties of States which have ratified the 1949 Geneva Conventions, inter alia, “to care for friends or enemies without distinction”.
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 and Fascicule I, p. 11.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) states that the wounded and sick “must be cared for … without adverse distinction based on sex, race, nationality, religion, political belief or any other similar test”.
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 339.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) provides that, in the event of a civil war, “persons out of the fighting … because they are wounded must be treated … without any adverse discrimination”.
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 12, p. 42, § 2(a).
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
7.3. The wounded and sick are to be protected and respected. …
7.3.1. The duty of respect means that the wounded and sick are not to be made the target of attack. The duty of protection imposes positive duties to assist them. The Geneva Conventions and Additional Protocol I do not seek the unattainable by what would be a vain attempt at removing all hardships arising from armed conflict affecting the groups of persons defined above; they merely seek to ameliorate their conditions. They expressly do so “without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria”.
7.3.2. Paragraph 7.3 applies to all wounded and sick, whether United Kingdom, allied or enemy, military or civilian. They are entitled to respect and protection [and] humane treatment.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 7.3–7.3.2.
With regard to priority of treatment, the manual states:
There must be no discrimination on grounds of sex, race, nationality, religion, political belief or any other similar test. Spies, saboteurs, partisans and illegal combatants who are wounded or sick are entitled to the same treatment.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 7.3, footnote 4.
In its chapter on internal armed conflict, the manual restates the provisions of common Article 3 of the 1949 Geneva Conventions:
Under the terms of 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:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.4.
In its chapter on enforcement of the law of armed conflict, the manual states:
States are under a general obligation to issue orders and instructions requiring compliance with the law of armed conflict and to take steps to see that those orders and instructions are observed. There is a specific provision in relation to the handling of the wounded, sick and shipwrecked, extending to a requirement to provide for unforeseen situations “in conformity with the general principles” of the Geneva Conventions 1949. These are that the wounded, sick and shipwrecked should be cared for and treated without any adverse distinction.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 16.2.
United States of America
The US Field Manual (1956) provides that sick and wounded captives shall be provided with the same medical care as friendly sick and wounded. It also restates Article 12 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, §§ 92 and 215.
United States of America
The US Air Force Pamphlet (1976) states:
One of the important principles relating to wounded and sick requires medical care and humane treatment to friend and foe without distinction founded on sex, race, nationality, religion, political opinions or similar criteria.
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 3-4(d); see also §§ 12–2(a) and 13-2.
United States of America
The US Naval Handbook (1995) provides: “Wounded and sick personnel falling into enemy hands must be … cared for without adverse distinction.”
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.
United States of America
The US Naval Handbook (2007) states: “Wounded and sick personnel falling into enemy hands must be … cared for without adverse distinction along with the enemy’s own casualties.”
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.
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) states that there is an obligation to treat the wounded and sick humanely, without any discrimination.
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, Articles 161–166.
Zimbabwe
Zimbabwe’s Code of Conduct for Combatants (1993) states that “those who suffer must be aided and cared for without discrimination.”
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. 14.
The Code of Conduct also states: “As a State party to the [1949] Geneva Conventions … your country is bound by these treaties … The States party to the Geneva Conventions pledge to … [c]are for the wounded on an equal basis, regardless of whether they are friends or enemies.”
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, pp. 14–16.
Afghanistan
Afghanistan’s Public Health Law (2009) states:
Article 18. Provision of Emergency Medical Aid.
Health services shall be provided by the nearest health facility to … those whose health condition requires emergency aid, without any discrimination.
Afghanistan, Public Health Law, 2009, Article 18.
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).
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.
Guinea
Guinea’s Code of Medical Ethics (1996) states:
A Physician shall listen to, examine, advise or treat with the same conscientiousness all persons irrespective of their origin, their customs, their marital status, their affiliation to an ethnic group, nation or religion or lack thereof, their disability or state of health, their reputation or the feelings he might have for them. He shall provide them with his assistance in all circumstances.
Guinea, Code of Medical Ethics, 1996, Article 7.
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 12 of Geneva Convention I and Articles 12 and 30 of Geneva Convention II, is a punishable offence.
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
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 … is liable to imprisonment.
Norway, Military Penal Code, 1902, as amended in 1981, § 108(a).
Peru
Peru’s Decree on the Use of Force by the Armed Forces (2010) states that “persons placed hors de combat by illness [or] wounds … must in all circumstances be treated … without any unfavourable distinction based on race, colour, religion or belief, sex, birth, socio-economic status or any other similar criterion.”
Peru, Decree on the Use of Force by the Armed Forces, 2010, Article 8.2.1.
Senegal
Senegal’s Law Authorizing Ratification of the 2008 Convention on Cluster Munitions (2010) states:
In order to achieve [the] objectives [of the 2008 Convention on Cluster Munitions], each State Party has an obligation to adequately provide assistance, including medical care, rehabilitation, psychological support and social and economic inclusion to cluster munition victims in areas under its direction and control.
These precautions are determined by humanitarian and military considerations and can consist of … assessing the needs of cluster munition victims, developing a national plan and budget, and not discriminating against cluster munition victims.
Senegal, Law Authorizing Ratification of the 2008 Convention on Cluster Munitions, 2010, preamble, p. 1.
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) specifies that assistance will be lent to both one’s own and enemy wounded whenever the circumstances of security and of the mission permit.
Spain, Royal Ordinance for the Armed Forces, 1978, Article 140.
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states that members of the armed forces “[m]ust treat and care for … the wounded, sick [and] shipwrecked … that are in their power without any adverse distinction.”
Spain, Royal Ordinances for the Armed Forces, 2009, Article 107.
No data.
Bosnia and Herzegovina
In 1992, the Presidency of the Republika Srpska of Bosnia and Herzegovina made an urgent appeal to ensure the protection of all wounded and sick persons “regardless of the side they belong to”.
Bosnia and Herzegovina, Republika Srpska, Appeal of the Presidency concerning the International Committee of the Red Cross Operations, Pale, 7 June 1992.
UN Commission on Human Rights (Special Rapporteur)
In 1995, in a report on the situation of human rights in Burundi, the Special Rapporteur of the UN Commission on Human Rights condemned the alleged practice of both parties of withholding medical care on the basis of ethnic origin.
UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in Burundi, Initial report, UN Doc. E/CN.4/1996/16, 14 November 1995, § 121.
No data.
No data.
No data.
ICRC
In a Memorandum on the Applicability of International Humanitarian Law sent in 1990 to all States party to the 1949 Geneva Conventions in the context of the Gulf War, the ICRC stated: “The wounded, the sick and the shipwrecked must be collected and cared for 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 press release issued in 1992, the ICRC urged all parties involved in the conflict in Nagorno-Karabakh “to ensure that the wounded and sick are cared for in all circumstances, regardless of the side to which they belong”.
ICRC, Press Release No. 1670, Nagorno-Karabakh: ICRC calls for respect of humanitarian law, 12 March 1992.
ICRC
In a press release issued in 1992, the ICRC urged the parties to the conflict in Tajikistan to ensure that “the wounded and sick are cared for in all circumstances, regardless of the side to which they belong”.
ICRC, Press Release, Tajikistan: ICRC urges respect for humanitarian rules, ICRC Dushanbe, 23 November 1992.
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 and cared for, without distinction.”
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 stated: “All the wounded and sick must be collected and cared for, without distinction.”
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 (eds.), How Does Law Protect in War?, ICRC, Geneva, 1999, p. 1308.
ICRC
In a press release issued in 1994, the ICRC called on the parties to the conflict in Chechnya to ensure that “the wounded and sick are cared for, regardless of the side to which they belong”.
ICRC, Press Release No. 1793, Chechnya: ICRC urges respect for humanitarian rules, 28 November 1994.
ICRC
In a communication to the press issued in 2000 in connection with the hostilities in the Near East, the ICRC recalled that “the wounded and sick must be collected and cared for 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.
No data.
