Practice Relating to Rule 109. Search for, Collection and Evacuation of the Wounded, Sick and Shipwrecked
In its judgment in Physicians for Human Rights v Commander of IDF Forces in the Gaza Strip in 2004, Israel’s High Court of Justice stated:
There is no disagreement regarding the normative framework. The army must do all possible, subject to the current state of the combat, to allow the evacuation of local residents wounded during combat activities. On this issue, Justice Dorner gave the ruling of this court more than two years ago in HCJ 2936/02 Physicians for Human Rights v. Commander of IDF Forces in the West Bank:
[O]ur combat forces are required to abide by the rules of humanitarian law regarding the care of the wounded, the ill and the bodies of the deceased. The fact that medical personnel have abused their position in hospitals and in ambulances has made it necessary for the IDF to act in order to prevent such activities but does not, in and of itself, justify sweeping breaches of humanitarian rules. Indeed, this is also the position of the state. This stance is required not only under the rules of international law on which the petitioners have based their arguments here, but also in light of the values of the State of Israel as a Jewish and democratic state.
… It is appropriate not to make the transfer of wounded contingent upon the relaying of their names and identification numbers. However, we see no fault in the attempt to receive this information when it is attainable, assuming that receipt of this data is not a condition for transport outside of the combat area and does not cause unreasonable delay in transport.
In its judgment in Physicians for Human Rights v. Prime Minister of Israel in 2009, concerning the humanitarian situation in the Gaza Strip consequent to the start of Israeli military operations (“Cast Lead”) there in December 2008, Israel’s High Court of Justice stated:
17. … [T]he rules of customary international law – … demand that the wounded should be allowed to be evacuated from the site of the hostilities … – apply to the combat operations that are being carried out in the “Cast Lead” operation and bind the actions of the IDF [Israel Defence Forces].
20. … [T]here are provisions [in international humanitarian law] that require the parties to allow the evacuation and medical treatment of the wounded. In this respect, art. 16 of the  Fourth Geneva Convention provides a special protection for the sick and wounded, and it requires the parties to the conflict to allow and facilitate searches for and assistance of the wounded and to protect them from improper treatment, in so far as military considerations allow:
“The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded ...” (Emphasis supplied).
In addition, art. 15 of the First Protocol [1977 Additional Protocol I] provides that medical personnel should be allowed access to every site where they are needed, subject to supervision and security measures that are essential to the relevant party. In Physicians for Human Rights v. IDF Commander in Gaza  the court held in this regard that:
“The army must do everything possible, subject to the state of the fighting, to allow the evacuation of local inhabitants that were wounded in the fighting” (para. 23).
In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated that “a special medical coordination centre was set up in the Gaza District CLA [Coordination and Liaison Administration] … which dealt with assistance to civilians in danger and with evacuation of the wounded … from areas of hostilities”.