Practice Relating to Rule 88. Non-Discrimination
France’s Disciplinary Regulations (1975), as amended, exhorts combatants to “treat humanely and without distinction all persons hors de combat
France’s LOAC Manual (2001) restates Article 75(1) of the 1977 Additional Protocol I.
It further emphasizes that one of the three main principles common to IHL and human rights is the principle of non-discrimination, according to which “individuals are treated without any distinction based on race, sex, nationality, philosophical, religious or political opinion”.
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’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’s LOAC Manual (2001) quotes Article 7(1)(j) of the 1998 ICC Statute, which defines the crime of apartheid as a crime against humanity.