Соответствующая норма
South Africa
Practice Relating to Rule 118. Provision of Basic Necessities to Persons Deprived of Their Liberty
South Africa’s Revised Civic Education Manual (2004) states that “prisoners of war are entitled to protection” and that the protection includes “[m]edical treatment if required”.
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 74.
South Africa’s LOAC Teaching Manual (2008) states:
Fundamental Norms and Values (rules)
The fundamental norms/val[u]es which underlie the LOAC are:
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- Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights and convictions. … They will have the right to correspond with their families and to receive relief.
- All persons who are captured or under the authority of an adverse party are entitled to, as a minimum, the protection and guarantees bestowed upon prisoners of war (POW).
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, pp. 16–17.
The manual also states:
c. Prisoners of War [POW]
…
Treatment of POW
POW must be treated humanely in all circumstances. They are in the hands of the Detaining Power, which is:
- responsible for their treatment; and
- obliged to provide them with free food, clothing and medical treatment.
While awaiting evacuation to a base camp, captured combatants shall:
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- receive the necessary food, drinkable water, medical care and clothing.
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POW are entitled to:
- the provision of sufficient food (also considering habitual diet) and clothing;
- canteen facilities;
- medical inspections and proper medical treatment; …
…
…
Conclusion
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POW must be treated humanely in all circumstances. They are in the hands of the Detaining Power, which is
- responsible for their treatment; and
- obliged to provide to them with free food, clothing and medical treatment.
…
Specific rules exist with regard to the treatment, accommodation, administration, utilisation, disciplining, repatriation, etc of POW[.]
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2.4 Specifically Protected Persons and Objects:
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Internment of Civilians
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Maintenance
Parties to the conflict who intern civilians shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health.
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Accommodation
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In particular, internees must be provided with sufficient/adequate:
- heating;
- lighting;
- space;
- ventilation;
- bedding;
- sanitary conveniences;
- separate sleeping quarters for single women (if possible);
- premises for the holding of religious services;
- canteen facilities;
- food;
- clothing;
- air raid/fire shelters; and
[-] medical attention.
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 91, 95, 97, 100–101, 112, 127–129.
South Africa’s Constitution (1996), as amended to 2003, states:
35. Arrested, detained and accused persons. – …
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(2) Everyone who is detained, including every sentenced prisoner, has the right –
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(e) to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment; and
(f) to communicate with, and be visited by, that person’s–
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(iv) chosen medical practitioner.
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37. States of emergency.
(1) A state of emergency may be declared only in terms of an Act of Parliament and only when –
(a) the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; …
…
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(5) No Act of Parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration may permit or authorise –
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(c) any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table.
(6) Whenever anyone is detained without trial in consequence of a derogation of rights resulting from a declaration of a state of emergency, the following conditions must be observed:
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(c) The detainee must be allowed to choose, and be visited at any reasonable time by, a medical practitioner.
…
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(8) Subsection (6) and (7) do not apply to persons who are not South African citizens and who are detained in consequence of an international armed conflict. Instead, the state must comply with the standards binding on the Republic under international humanitarian law in respect of the detention of such persons.
South Africa, Constitution, 1996, as amended to 2003, Sections 35(2)(e)–(f) and 37.
In the “Table of Non-Derogable Rights”, the Constitution includes section 35, entitled “Arrested, detained and accused persons”, and states that the right is protected “[w]ith respect to … subsections … (2)(d) …”. Subsections 2(e) and (f) are not listed.
South Africa, Constitution, 1996, as amended to 2003, Section 37.
South Africa’s Implementation of the Geneva Conventions Act (2012) states: “A protected prisoner of war who is in the custody of the South African National Defence Force must be granted the protection of the [1949] Third [Geneva] Convention or the [1949] Fourth [Geneva] Convention, as the case may be.”
South Africa, Implementation of the Geneva Conventions Act, 2012, Section 12(2).
The Act defines a “protected prisoner of war” as a “person protected by the Third Convention or a person who is protected as a prisoner of war under [the 1977 Additional] Protocol I”.
South Africa, Implementation of the Geneva Conventions Act, 2012, Section 1.
