Practice Relating to Rule 110. Treatment and Care of the Wounded, Sick and Shipwrecked
Spain’s LOAC Manual (1996) provides: “As soon as the tactical situation permits, all measures shall be taken to care for the wounded and shipwrecked.”
The manual adds that enemy wounded must be brought to the commander or to the nearest medical post.
Spain’s LOAC Manual (2007) states: “As soon as the tactical situation permits, all possible measures must be taken to … assist the wounded and shipwrecked. Enemy wounded and sick must … receive the medical care and attention required by their condition”.
Spain’s Penal Code (1995) punishes the deprivation of necessary medical aid.
Spain’s Penal Code (1995), as amended in 2003, states:
Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:
3. [N]ot providing … necessary medical assistance to a protected person.
Spain’s LOAC Manual (1996) states that medical personnel shall provide the wounded and sick with the medical care required by their condition. It states that only
urgent medical reasons may justify priority in the order of medical treatment.
Spain’s LOAC Manual (2007) states: “Enemy wounded and sick must … receive the medical care and attention required by their condition, with no distinction being made between enemy wounded and sick and the party’s own wounded and sick.”
The manual also states that “the duties of medical personnel, as established by the law of armed conflict” include: “provide assistance in accordance with purely medical criteria; priorities in treating people can only be established on medical grounds”.