Practice Relating to Rule 88. Non-Discrimination
Section C. Wounded and sick
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’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.
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.
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.
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.”
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.”
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.