Related Rule
United States of America
Practice Relating to Rule 110. Treatment and Care of the Wounded, Sick and Shipwrecked
Section B. Distinction between the wounded and the sick
The US Field Manual (1956) states: “Only urgent medical reasons will authorize priority in the order of treatment to be administered.”
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, § 215.
(emphasis added)The US Air Force Pamphlet (1976) states: “Priority in order of treatment is justified only by urgent medical reasons.”
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.
(emphasis added)The US Naval Handbook (1995) states: “Priority in order of treatment may only be justified by urgent medical considerations.”
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.
(emphasis added)The US Naval Handbook (2007) states:
Wounded and sick personnel falling into enemy hands must be treated humanely and cared for without adverse distinction along with the enemy’s own casualties. Priority in order of treatment may only be justified by urgent medical considerations.
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.
In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We support the principle that when [the wounded, sick and shipwrecked] are given medical treatment, no distinction among them be based on any grounds other than medical ones.”
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American University Journal of International Law and Policy, Vol. 2, 1987, p. 423.
According to the Report on US Practice, it is the opinio juris of the United States that there should be no distinction among the wounded and sick on any but medical grounds.
Report on US Practice, 1997, Chapter 5.1.
