Note: For practice concerning humane treatment of the wounded and sick, see Rule 87, Section C. For practice concerning the provision of basic necessities to persons deprived of their liberty, including medical care, see Rule 118.
Geneva Convention (1864)
Article 6 of the 1864 Geneva Convention provides: “Wounded or sick combatants, to whatever nation they may belong, shall be … cared for.”
Geneva Conventions (1949)
Common Article 3 of the 1949 Geneva Conventions provides: “The wounded and sick shall be … cared for.”

(Article 3 of the 1949 Geneva Convention II adds the shipwrecked)
Geneva Convention I
Article 12, second paragraph, of the 1949 Geneva Convention I provides that members of the armed forces who are wounded or sick shall be “cared for by the Party to the conflict in whose power they may be … [T]hey shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.”
Geneva Convention I
Article 15, first paragraph, of the 1949 Geneva Convention I provides that “[a]t all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures … to ensure … adequate care” of the wounded and sick.
Geneva Convention II
Article 12, second paragraph, of the 1949 Geneva Convention II provides that members of the armed forces who are wounded, sick or shipwrecked shall be “cared for by the Party to the conflict in whose power they may be … [T]hey shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created”.
Geneva Convention II
Article 18, first paragraph, of the 1949 Geneva Convention II provides that “[a]fter each engagement, Parties to the conflict shall, without delay, take all possible measures … to ensure … adequate care” of the shipwrecked, wounded and sick.
Geneva Convention II
Article 21, first paragraph, of the 1949 Geneva Convention II states: “The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board … wounded, sick or shipwrecked persons”.
Geneva Convention IV
Article 16, first paragraph, of the 1949 Geneva Convention IV provides that the wounded and sick “shall be the object of particular protection and respect”.
Additional Protocol I
Article 10 of the 1977 Additional Protocol I provides:
1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.
2. In all circumstances, they shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.
Additional Protocol II
Article 7 of the 1977 Additional Protocol II provides:
1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected.
2. 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.
Additional Protocol II
Article 8 of the 1977 Additional Protocol II provides that “[w]henever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without delay … to ensure … adequate care” of the wounded and sick.
Additional Protocol II
Article 18(1) of the 1977 Additional Protocol II provides: “The civilian population may, even on its own initiative, offer to … care for the wounded, sick and shipwrecked.”
NATO Standardization Agreement 2067
Article 7(b)(2) of the 1987 NATO Standardization Agreement 2067 provides: “Stragglers requiring medical care should be treated.”
Lieber Code
Article 79 of the 1863 Lieber Code provides: “Every captured wounded enemy shall be medically treated, according to the ability of the medical staff.”
Oxford Manual
Article 10 of the 1880 Oxford Manual provides: “Wounded or sick soldiers shall be brought in and cared for”.
Code of Conduct for Law Enforcement Officials
Article 6 of the 1979 Code of Conduct for Law Enforcement Officials provides: “Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required.” The commentary on the Article states:
While the medical personnel are likely to be attached to the law enforcement operation, law enforcement officials must take into account the judgement of such personnel when they recommend providing the person in custody with appropriate treatment through, or in consultation with, medical personnel from outside the law enforcement operation.
Cairo Declaration on Human Rights in Islam
Article 3(a) of the 1990 Cairo Declaration on Human Rights in Islam provides: “In the event of the use of force and in case of armed conflict … the wounded and the sick shall have the right to medical treatment.”
Hague Statement on Respect for Humanitarian Principles
In paragraphs 1 and 2 of the 1991 Hague Statement on Respect for Humanitarian Principles, the Presidents of the six republics of the former Yugoslavia undertook to apply the principle that “wounded and ill persons must be helped and protected in all circumstances”.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 1 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia provides: “All wounded and sick on land shall be treated in accordance with the provisions of the First Geneva Convention.”
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.1 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina provides that in all circumstances, the wounded, sick and shipwrecked “shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition”.
Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines
Article 4(2) and (9) of Part IV of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides: “The wounded and the sick shall be collected and cared for by the party to the armed conflict which has them in its custody or responsibility.” It also states: “Every possible measure shall be taken, without delay, … to ensure their adequate care.”
UN Secretary-General’s Bulletin
Section 9.1 of the 1999 UN Secretary-General’s Bulletin states: “Members of the armed forces and other persons in the power of the United Nations force who are wounded or sick shall … receive the medical care and attention required by their condition.”
Argentina
Argentina’s Law of War Manual (1969) provides: “Appeal can be made to the civilian population for the … care of the wounded and sick”.
Argentina
Argentina’s Law of War Manual (1989) refers to Article 10 of the 1977 Additional Protocol I and Article 7 of the 1977 Additional Protocol II and states:
In all circumstances, the wounded, sick and shipwrecked of either party shall be respected, protected … and shall receive, to the fullest extent practicable and with the least possible delay, appropriate medical care.
Australia
Australia’s Commanders’ Guide (1994) provides: “Wounded, sick and shipwrecked combatants are to be afforded necessary medical care.”
The manual also provides: “Civilians in enemy territory are protected persons and as such must be afforded necessary medical treatment.”
Australia
Australia’s Defence Force Manual (1994) provides that “parties to a conflict must take all possible measures to … ensure … care” of the wounded, sick and shipwrecked.
The manual adds that wounded, sick and shipwrecked combatants shall not be “left without proper medical care and attention, or … exposed to conditions which might result in contagion or infection”.
Australia
Australia’s LOAC Manual (2006) states:
9.91 The parties to a conflict must take all possible measures to search for and collect the wounded, sick and shipwrecked … and to ensure their care.
…
9.95 Sick, wounded and shipwrecked combatants are to be protected and respected, treated humanely, and cared for by any detaining power without any adverse discrimination … They shall not be:
…
• left without proper medical care and attention, or
• exposed to conditions which might result in contagion or infection.
…
9.98 A party to an armed conflict if compelled to abandon wounded and sick must, so far as military considerations permit, leave medical personnel and equipment to care for those left behind.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) refers to common Article 3 of the 1949 Geneva Conventions and provides that the wounded and sick shall be cared for.
Belgium
Belgium’s Teaching Manual for Soldiers states: “If operations so permit, the wounded must be … cared for.”
Benin
Benin’s Military Manual (1995) provides: “The wounded and sick shall be … cared for by the party to the conflict in whose power they may be.”
The manual instructs soldiers to “care for and protect” wounded enemy combatants.
Bosnia and Herzegovina
Bosnia and Herzegovina’s Military Instructions (1992) provides: “The wounded and sick who have ceased to resist … must be provided with medical care and assistance.”
Burkina Faso
Burkina Faso’s Disciplinary Regulations (1994) provides: “Whenever circumstances permit, the wounded, sick and shipwrecked shall be … protected and cared for.”
Cameroon
Cameroon’s Disciplinary Regulations (1975) states: “When circumstances so permit, the wounded, sick and shipwrecked shall be … cared for.”
Cameroon
Cameroon’s Instructor’s Manual (1992) states: “Wounded enemy combatants shall be cared for.”
Cameroon
Cameroon’s Instructor’s Manual (2006), under the heading “Rules for Conduct in Combat”, states: “Wounded enemy combatants: care for them; … turn them over to your superior or to the closest medical personnel.”
The manual, under the heading “The Sick, Wounded [and] Shipwrecked”, also states:
In case the wounded have been abandoned by the enemy, the [capturing] unit in question must leave a part of its medical personnel and its medical equipment behind to continue to care for them if the tactical situation permits. In this context, the aforementioned victims must be registered.
The manual further states: “If war correspondents are wounded, sick or shipwrecked, they equally benefit from the protection granted to combatants”.
Cameroon
Cameroon’s Disciplinary Regulations (2007) states: “Every soldier must: … collect, protect and care for the wounded, sick and shipwrecked as far as operational circumstances permit.”
Canada
Canada’s LOAC Manual (1999) states that the 1977 Additional Protocol I “also contains provisions amplifying the obligation to care for persons protected by [the 1949 Geneva Convention I] and [the 1949 Geneva Convention II]” and that “the innovation of [the 1977 Additional Protocol I] in this area is to extend the scope of the earlier Conventions so that civilians as well as military personnel are entitled to protection”.
The manual also provides: “The wounded, sick and shipwrecked shall not be left without proper medical care.”
In the case of non-international armed conflicts, the manual states that “after an engagement and whenever circumstances permit, all possible steps must be taken without delay … to ensure … adequate care” of the wounded, sick and shipwrecked”.
Canada
Canada’s Code of Conduct (2001) provides: “In all circumstances [the wounded, sick and shipwrecked] shall … receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.”
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked:
902. General
2.[sic] The two major treaties in this area are the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GI) and the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GII). Additional Protocol I to the Geneva Conventions (AP I) also contains provisions amplifying the obligation to care for persons protected by GI and GII. [T]he innovation of AP I in this area is to extend the scope of the earlier Conventions so that civilians as well as military personnel are entitled to protection.
…
904. Collection of wounded, sick and shipwrecked
1. Following an engagement, parties to a conflict are obliged to take all possible measures to search for and collect without delay the wounded, sick and shipwrecked.
2. The parties to a conflict must protect the wounded, sick and shipwrecked from pillage and ill-treatment and ensure their adequate care …
…
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. … They shall not be … left without proper medical care and attention or exposed to conditions, which might result in contagion or infection. The term “wounded, sick and shipwrecked”, includes civilians.
…
913. Obligation when compelled to abandon wounded and sick
1. In land warfare, a belligerent compelled to abandon its wounded and sick is obliged, so far as military considerations permit, to leave medical personnel and equipment to care for them. Their presence does not, however, exempt the Detaining Power from providing any additional assistance that may be necessary.
In its chapter on non-international armed conflicts, the manual states:
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:
…
b. The wounded and sick shall be collected and cared for.
In the same chapter, the manual further states: “After any engagement and whenever circumstances permit, all possible steps must be taken without delay to search for and collect the wounded, sick and shipwrecked … and ensure their adequate care.”
Canada
Canada’s Code of Conduct (2005) provides:
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.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 1 (Basic and team leader instruction) in the section on wounded enemy combatants: “Soldiers must: … care for and protect them”.
In Volume 2 (Instruction for group and patrol leaders), the manual states: “The wounded and sick must be … cared for by the party to the conflict which has them in its power.”
Also in Volume 2, the manual states: “A military unit obliged to abandon the enemy wounded and sick must leave with them medical personnel and supplies to help care for them, insofar as the tactical situation permits.”
In Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police), the manual states: “The wounded, sick and shipwrecked must receive the medical care required by their state of health.”
Volume 3 further states: “Precautions must be taken as soon as, and provided that, the mission permits it (… victims are … cared for in a combat area by medical personnel, etc.).”
Central African Republic
The Central African Republic’s Disciplinary Regulations (2009) states: “In accordance with the international conventions signed or approved by the Central African Government, it is stipulated that during combat servicemen must: … care for the wounded, sick and shipwrecked whenever circumstances permit”.
Chad
Chad’s Instructor’s Manual (2006) states that, on the battlefield, and as soon as possible, “the conflicting parties shall … take care of the wounded and sick”.
Colombia
Colombia’s Circular on Fundamental Rules of IHL (1992) provides: “The wounded and sick shall be … cared for by the parties to the conflict.”
Colombia
Colombia’s Basic Military Manual (1995) provides that all wounded and sick combatants shall be cared for.
Colombia
Colombia’s Instructors’ Manual (1999) provides: “Wounded enemy combatants must be cared for.”
Congo
The Congo’s Disciplinary Regulations (1986) states: “When circumstances so permit, the wounded, sick and shipwrecked shall be … cared for.”
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
I.1 Basic rules
…
[Basic Rule No. 5]:
Collect, protect and care for the wounded, shipwrecked and sick, whether they be friends, enemies or civilians.
[Observation]:
- The wounded, shipwrecked and sick enemies no longer take part in combat.
- As human beings, they are in need of assistance and protection.
…
I.2 Specific rules
…
Wounded enemy combatants
…
8. Disarm them:
…
- give first aid.
9. Hand them over to the closest medical personnel or to your superior.
In Book III, Volume 1 (Instruction of first-year trainee officers), the Teaching Manual provides: “Prisoners of war can be sick, traumatized or wounded. In such cases, they must be evacuated and cared for by the friendly or enemy medical service at the front.”
Croatia
Croatia’s LOAC Compendium, Commanders’ Manual (1991) and Soldiers’ Manual (1992) instruct soldiers to protect civilian boats that rescue the shipwrecked.
Croatia
Croatia’s Commanders’ Manual (1992) states that adequate care must be taken of the wounded and shipwrecked.
Croatia
Croatia’s Instructions on Basic Rules of IHL (1993) requires that the wounded and sick be cared for.
Cuba
Cuba’s Regulation of the Internal Order of the Revolutionary Armed Forces (2002) states:
The measures that will be taken by the commander, superior or officer on duty … to preserve the place [where an extraordinary or allegedly criminal act has occurred], until the arrival of the competent personnel, are the following:
…
g) Organize the provision of first aid to the wounded.
Djibouti
Djibouti’s Disciplinary Regulations (1982) states: “Combatants must … protect and care for the wounded, sick and shipwrecked insofar as operational circumstances permit”.
The Regulations also states: “Sick and wounded prisoners must be handed over to the medical service.”
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states with regard to “wounded enemy combatants”: “[C]ollect them [and] … protect them.”
Ecuador
Ecuador’s Naval Manual (1989) provides that wounded and sick members of the armed forces shall be cared for.
El Salvador
El Salvador’s Soldiers’ Manual provides that wounded and sick persons shall be assisted and cared for in all circumstances.
France
France’s LOAC Summary Note (1992) provides that the “wounded, sick and shipwrecked shall be … cared for … by the Party to the conflict in whose power they may be”.
France
France’s LOAC Teaching Note (2000) provides that the “wounded, sick and shipwrecked shall be … cared for … by the Party to the conflict in whose power they may be”.
France
France’s LOAC Manual (2001) provides that the “authorities are responsible for the health and physical integrity of the persons in their power. They commit war crimes if they refuse to provide them with medical care or if they deliberately place their health in danger.”
Germany
Germany’s Soldiers’ Manual (1991) provides that the wounded, sick and shipwrecked shall be cared for.
Germany
Germany’s Military Manual (1992) states that the wounded, sick and shipwrecked shall be cared for.
The manual adds: “At all times all possible measures shall be taken to … ensure their adequate medical assistance.”
Germany
Germany’s Soldiers’ Manual (2006) states: “The wounded, sick and shipwrecked shall be respected and protected in all circumstances … They shall be treated humanely and cared for.”
Greece
The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides: “Members of the armed forces should … care for the wounded and sick, when circumstances allow.”
Guinea
Guinea’s Soldier’s Manual (2010), under the heading “Wounded enemy combatants”, states: “Care for them [and] [h]and them over to … the nearest medical personnel.”
Under the heading “Rules of conduct in combat”, the manual also states: “[C]are for the wounded and sick”.
Guinea
Guinea’s Disciplinary Regulations (2012) states:
In accordance with the international agreements signed by the government of Guinea, military personnel in combat are required:
…
- to collect, protect and care for the wounded, sick and shipwrecked, to the extent permitted by the circumstances[.]
Hungary
Hungary’s Military Manual (1992) makes an explicit reference to the 1949 Geneva Convention I as being the regime applicable to the wounded and sick.
India
India’s Police Manual (1986) states: “Police should be ready to render First Aid to the injured and should make arrangements for the speedy transport of such injured persons to the hospital.”
India
India’s Army Training Note (1995) states: “On humanitarian grounds, medical help and care has to be provided to sick and wounded of even an enemy as laid down in [the] Geneva Conventions.” The manual explains that the denial of medical care is most likely to occur because of a shortage of medicine and doctors; because troops may give priority to their own wounded and sick; because wounded insurgents or terrorists may have themselves killed or injured armed forces personnel in an ambush or a raid; and because the sick and wounded may sympathize with or harbour insurgents or terrorists. The manual warns, however, that the denial of medical care may lead to allegations and charges of “(a) inhuman behaviour, (b) cruelty to fellow human beings, [or] (c) death due to the carelessness and negligence of Armed Forces personnel”.
With respect to a situation where the armed forces are called upon to assist the civilian authorities, the manual states that, after firing, “immediate steps should be taken to succour the wounded rioters” and that “it is most important that the best possible arrangements for first aid, medical attention and evacuation to hospital of injured rioters are made”.
Indonesia
Indonesia’s Military Manual (1982) provides that the wounded and sick must be cared for.
Ireland
Ireland’s Basic LOAC Guide (2005) states:
At all times, and particularly after an engagement … adequate care [must be] given [to the wounded and sick] … . Where a side is compelled to abandon wounded and sick, it must, if possible, leave some of its medical personnel and material to care for them.
The manual also provides a list of “Soldiers Rules”, one of which is: “[C]are for the wounded and sick whether friend or foe.”
Israel
Israel’s Manual on the Laws of War (1998) states: “It is imperative to tend to the enemy’s wounded.”
The manual further states:
Belonging to combatant forces entitles the combatant to special rights when he steps out of the sphere of hostilities by surrendering, being taken as a prisoner of war, injury or loss of fighting ability. Such a combatant is entitled to the status of a prisoner of war, according him medical treatment.
Israel
Israel’s Manual on the Rules of Warfare (2006) states: “A medical team has a duty to provide medical assistance to enemy casualties as well.”
The manual further states: “Those wounded on the battlefield must receive medical treatment.”
In addition, the manual states:
Being a member of the combatant forces entitles a combatant to special rights when he exits the theatre of war by surrendering, falling into captivity, being wounded or losing the ability to fight. Such a combatant receives the status of prisoner-of-war (POW) entitling him to medical treatment.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s LOAC Elementary Rules Manual (1991) provides: “Wounded and shipwrecked enemy combatants shall be cared for and evacuated to the rear.”
Italy
Italy’s Combatant’s Manual (1998) instructs: “Collect and care for the wounded and sick.”
Kenya
Kenya’s LOAC Manual (1997) provides that as soon as the tactical situation permits, “the wounded, sick and shipwrecked shall be cared for”.
The manual contains the same provision with regard to captured enemy combatants.
Lebanon
Lebanon’s Teaching Manual (1997) instructs combatants to care for the wounded and shipwrecked.
Madagascar
Madagascar’s Military Manual (1994) provides that one of the seven fundamental rules of IHL is that “the wounded and sick shall be cared for by the power in whose hands they are”. It instructs soldiers: “Care for them … Hand them over to your superior … or to the nearest medical personnel.”
Mali
Under Mali’s Army Regulations (1979), “refusal to … care for the wounded, sick and shipwrecked, when the circumstances so permit,” constitutes a breach of the laws and customs of war.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section entitled “Basic rules of international humanitarian law applicable in armed conflicts”, states: “The wounded and sick must be … cared for by the party to the conflict which has them in its power.”
The manual also states: “The States party to the [1949] Geneva Conventions undertake to: … assist the wounded, making no distinction between friend and foe.”
In a section on the 1949 Geneva Convention I, the manual further states: “Members of the armed forces and other persons who are wounded or sick must be respected and protected in all circumstances and receive the medical attention required by their condition as promptly as possible.”
In a section on the 1949 Geneva Convention II, the manual also states: “After each engagement, parties to the conflict must take all possible measures to search for and collect the shipwrecked, wounded and sick, … and ensure their adequate care.”
In a section on the 1949 Geneva Convention II, the manual further states regarding the wounded, sick and shipwrecked: “After each engagement, parties to the conflict must … ensure their adequate care.”
The manual also states that Article 3(2) common to the 1949 Geneva Conventions provides that “the wounded and sick must be … cared for.”
Mexico
Mexico’s IHL Guidelines (2009), in a section entitled “Basic rules of conduct in armed conflict”, states: “[C]are for the wounded, sick and shipwrecked, whether they are friend or foe.”
In the same section, the manual also states: “Provide … enemy combatants who are sick with the same medical attention as is provided to your own troops.”
Morocco
Morocco’s Disciplinary Regulations (1974) provides: “When circumstances so permit, the wounded, sick and shipwrecked shall be … cared for.”
Netherlands
The Military Manual (1993) of the Netherlands states: “The wounded and sick may not be left without medical care and attention.”
With respect to non-international armed conflicts, the manual states: “Wounded, sick and shipwrecked shall receive medical care.”
Netherlands
The Military Handbook (1995) of the Netherlands provides: “All wounded and sick must be cared for.”
Netherlands
The IFOR Instructions (1995) of the Netherlands instructs soldiers to “care for [the wounded] whether friend or foe”.
Netherlands
The Military Manual (2005) of the Netherlands states: “The wounded and sick must, in all circumstances, be treated humanely (with human dignity) and receive, as quickly as possible, the medical care and attention appropriate to their condition”.
In its chapter on the protection of the civilian population, the manual states:
0821. Medical assistance to the civilian population
The parties to a conflict must provide assistance, if necessary, to civilian medical personnel in areas where civilian medical services are disrupted by hostilities. Civilian medical personnel must have access to all places where their services are essential. They may be subject to such safety measures as the relevant party to the conflict may deem necessary.
0822. For military medical units, the rule is that humanitarian medical help may be given to the civilian population if the operation, circumstances and resources permit. Such help is preferably implemented in consultation and cooperation with Red Cross and other civilian aid organizations. The starting point is that only help of primary necessity is provided to civilians who directly ask for help from a military medical unit.
0823. To remedy a life-threatening medical condition of a member of the civilian population, emergency medical help should be provided as quickly and adequately as possible, to remedy the acute threat to life.
In its chapter on peace operations, the manual states:
It is unclear whether the peace force is also bound to treat those who are sick and wounded as a result of the conflict between the belligerent parties. No such obligation can be inferred from the Geneva Conventions and Additional Protocols. The medical support of the peace force is primarily intended for the peace force itself. Detainees or internees of course have a right to medical help from the peace force: they are dependent upon such facilities. The same applies to persons assigned to medical evacuation zones or hospitals. Given sufficient capacity and resources, the humanitarian principle will entail the deployment of medical support if the local population is cut off from medical assistance. If there is a humanitarian operation and humanitarian relief, such assistance should not generally lead to problems: the medical support is designed for this. However, it may happen that the medical capacity and resources present are barely enough to maintain the peace force, while the local population is in acute (medical) need. The mission of the relevant peace force (or part thereof) must then be the decisive factor. If the mission of the peace force is not humanitarian relief, medical support to the local population will be less important than if it is. To add clarity, the CDS [Chief of Defence Staff] has written an instruction on this (A25) entitled “Health Care During Deployment on Peace Operations” (17 October 2000). This clearly states how far Dutch troops are obliged to provide life-saving emergency relief to the civilian population.
New Zealand
New Zealand’s Military Manual (1992) provides: “The sick, wounded and shipwrecked members of the armed forces and others entitled to be treated as combatants … shall not be … left without proper medical care and attention; nor exposed to conditions which might result in contagion or infection.”
In the case of non-international armed conflicts, the manual states that all possible steps must be taken to ensure the adequate care of the wounded, sick and shipwrecked.
Nicaragua
Nicaragua’s Military Manual (1996) provides that in both internal and international armed conflicts, the wounded and sick shall be cared for.
Nigeria
Nigeria’s Operational Code of Conduct (1967) states: “All wounded military and civilians will be given necessary medical attention and care.”
Nigeria
Nigeria’s Military Manual (1994) provides: “The wounded and sick shall be cared for by the party to the conflict in whose power they may be.”

It further states: “As soon as the tactical situation permits, necessary measures shall be taken to … care for the wounded [and] shipwrecked.”
Nigeria
Nigeria’s Manual on the Laws of War provides that the wounded and sick who are in the power of a belligerent must be cared for and that it is prohibited to leave the wounded and sick “without assistance and care or to create conditions that could lead to epidemics or infections”.
Nigeria
Nigeria’s Soldiers’ Code of Conduct states that the wounded and shipwrecked enemies “shall be … treated or handed over to a superior or the nearest medical personnel”.
Peru
Peru’s IHL Manual (2004) states:
A party to the conflict may be compelled to withdraw hastily and leave behind the wounded and sick. In such cases, the [1949] First Geneva Convention provides that that party should leave with them a part of its medical personnel and material to assist in their care, as far as military considerations permit. Although this rule is not absolute, as observed in the Commentary to the First Geneva Convention, it represents nonetheless a clear moral obligation.
The manual also states, with respect to situations of non-international armed conflict: “The wounded and sick shall be collected and cared for.”
Peru
Peru’s IHL and Human Rights Manual (2010) states:
A party to the conflict may be compelled to withdraw hastily and leave behind the wounded and sick. In such cases, the [1949] First Geneva Convention provides that that party should leave with them a part of its medical personnel and material to assist in their care, as far as military considerations permit. Although this rule is not absolute, as observed in the Commentary to the [First Geneva] Convention, it represents nonetheless a clear moral obligation.
In its Glossary of Terms, the manual also states: “The wounded and shipwrecked must be cared for as required by their state of health.”
The manual also states with respect to situations of non-international armed conflict: “The wounded and sick shall be … cared for.”
Philippines
The Military Directive to Commanders (1988) of the Philippines provides:
Medical teams must be made available to provide emergency medical attention … to injured civilians caught in the crossfire …
To demonstrate AFP [Armed Forces of the Philippines] and government concern for the population, military civic action shall be undertaken immediately after the operation. This includes such immediate tasks as providing medical aid to sick and wounded civilians; procuring and distributing food and shelter to displaced persons; and, restoring vital facilities.
Philippines
The Military Instructions (1989) of the Philippines provides:
In the aftermath of military or law enforcement operations involving firefight that results in unavoidable casualties, caring for the wounded … which includes our own troops, the enemy and particularly innocent civilians must be a paramount concern of all commanders and troops at all levels. In the scene of the incident, all wounded must be treated with care and their wounds attended by providing them with first aid.
Philippines
The Soldier’s Rules (1989) of the Philippines requires soldiers to care for the wounded and sick.
Philippines
The Police Rules of Engagement (1993) of the Philippines states that, after a shoot-out and “in case the suspect has been wounded and disabled, he shall be brought … to the nearest hospital for medical treatment”.
Philippines
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides:
After an engagement:
…
3. Report the circumstances of the death or wounding of the enemies. If it is possible and the circumstances permit, report to your superiors in writing the detailed circumstances of the death or wounding of the enemy.
…
5.
Give immediate medical attention to wounded. Under HR/IHL, it is your duty to treat wounded enemy combatants or crossfire victims. If a wounded enemy or civilian dies long after the battle or in your care, it may be used as an issue against you. Make sure that a
barangay [local government] official is assisting you in bringing the wounded to the nearest hospital or clinic.
Romania
Romania’s Soldiers’ Manual (1991) provides: “Wounded and sick enemy combatants shall be given first aid and brought to superiors or nearest sanitary personnel.”
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
All the wounded, sick and shipwrecked, of whatever nationality, shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.
With regard to internal armed conflict, the Regulations states:
All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict … shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.
Whenever circumstances permit and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked [and] to ensure their adequate care.
Rwanda
Rwanda’s Military Instructions (1987) provides that those wounded and sick during combat must be hospitalized.
Senegal
Senegal’s Disciplinary Regulations (1990) provides: “When circumstances so permit, the wounded, sick and shipwrecked shall be … cared for.”
Sierra Leone
Sierra Leone’s Instructor Manual (2007) states that “soldiers should … [p]rovide [the wounded and the sick] with medical care”.
South Africa
South Africa’s LOAC Manual (1996) states that the wounded and sick “shall receive, to the fullest possible extent and with the least possible delay, the medical care and attention required by their condition”.
South Africa
South Africa’s Revised Civic Education Manual (2004) states: “All wounded sick and shipwrecked, to whatever party they belong, … shall receive, to the fullest extent and with the least possible delay, the medical care and attention required by their condition”.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
1.2 Reasons for compliance with LOAC [law of armed conflict] and basic principles thereof.
…
Fundamental Norms and Values (rules)
The fundamental norms/val[u]es which underlie the LOAC are:
…
- The wounded and sick must be collected and cared for by the party to the conflict who has them in its power. …
…
1.4 Different Types of armed Conflict and those bound by LOAC
…
Current Op[]inio Juris on Common Article 3 [of the 1949] Geneva Conventions. This article determines that, in the case of armed conflicts not of an international character, each Party to the conflict shall be bound to apply certain minimum rules. Although originally written for situations of non-international armed conflict, the current legal opinion is that its contents are so fundamental that it is applicable in both international and non-international armed conflicts. The minimum rules contained in Common article 3 Geneva Conventions, are the following:
…
- The wounded and sick shall be collected and cared for.
The manual also states:
2.3 Specifically Protected Persons and Objects …
…
d. Wounded, sick, shipwrecked, the dead and missing.
…
Search for Casualties
[1949] Geneva Convention I article 15 stipulates that the Parties to the conflict must, at all times, particularly after an engagement, without delay, take all possible measures to[:]
…
- ensure their adequate care; …
…
Steps to be taken regarding Wounded and Sick. The wounded and sick must be[:]
…
- given first aid treatment and cared for;
…
General Treatment of Wounded and Sick (Geneva convention I Article 12)
…
- They must be humanely treated and cared for by the force into whose hands they fall.
…
- They shall not willfully be left without medical assistance and care.
…
- The Parties to the conflict may not create conditions exposing them to contagion or infection.
- Women must be treated with due consideration to their sex.
Whenever a Party to the conflict is compelled to abandon wounded or sick to the enemy, that Party must, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.
Spain
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
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”.
Sweden
Sweden’s Military Manual (1976) provides that the wounded and sick, whether civilians or combatants, shall receive medical care.
Sweden
Sweden’s IHL Manual (1991) considers that Article 10 of the 1977 Additional Protocol I on the protection of the wounded, the sick and the shipwrecked has the status of customary law.
Switzerland
Switzerland’s Basic Military Manual (1987) provides that the wounded and sick shall be cared for and states that the refusal to provide care to the wounded is a grave breach of the 1949 Geneva Conventions.
Switzerland
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states: “I recover and identify wounded, sick, shipwrecked and dead persons without discrimination as soon as the combat situation allows or the superior orders such. I give First Aid and evacuate the patients according to the orders of my superior.”
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
In
combat, the disarmament, rescue of and the provision of first aid to the wounded, sick and shipwrecked begins as soon as the situation allows. For security reasons this usually does not happen spontaneously. The superiors make the necessary arrangements. No distinction may be made between friend and enemy or between civilian and military personnel. Purely medical criteria determine the priority in medical treatment. No one may be punished for having cared for the wounded or sick.
Tajikistan
Tajikistan’s Manual of Internal Service of the Armed Forces (2001) states: “[T]he military serviceman is obliged … in case of necessity to render medical … aid to victims.”
Togo
Togo’s Military Manual (1996) provides: “Wounded and sick shall be cared for by the Party to the conflict in whose power they may be.”
The manual instructs soldiers to “care for and protect” wounded enemy combatants.
Uganda
Uganda’s Code of Conduct (1986) instructs soldiers to render medical treatment to members of the public who may be in the territory of the unit.
Ukraine
Ukraine’s IHL Manual (2004) states:
1.7.1. While performing their military duty, military medical personnel shall be guided by the generally recognized rules of international humanitarian law that oblige them:
- to render medical assistance during armed conflicts as necessary without any discrimination save for medical reasons;
- to comply with international humanitarian law when organizing medical support to a military unit;
- to provide medical assistance to all wounded and sick both in the area of combat and in the occupied territory …
…
2.5.2.1. … All wounded, sick and shipwrecked (persons who have suffered an aircraft crash) irrespective of their belonging of any party, to the fullest extent and within the shortest period of time possible, shall receive medical assistance and care adequate to the state of their health.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) states that in international armed conflicts, “the wounded and sick must be cared for by the belligerents in whose power they are”.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) states that “combatants are required to … ensure … adequate care” of the shipwrecked, wounded and sick.
The Pamphlet restates the provisions of common Article 3 of the 1949 Geneva Conventions and specifies that, in the case of non-international armed conflicts, the wounded and sick shall be cared for.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
7.3. The wounded and sick are to be protected and respected. They may not be attacked. They must be treated humanely. They must be provided with medical care. They may not wilfully be left without medical assistance nor exposed to contagious diseases or infection. …
7.3.1. … The duty of protection imposes positive duties to assist them. The Geneva Conventions and Additional Protocol I do not seek the unattainable by what would be a vain attempt at removing all hardships arising from armed conflict affecting the groups of persons defined above; they merely seek to ameliorate their conditions. …
7.3.2. Paragraph 7.3 applies to all wounded and sick, whether United Kingdom, allied or enemy, military or civilian. They are entitled to respect and protection, humane treatment and, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. It is forbidden, for example, to give the treatment of United Kingdom and allied wounded priority over the treatment of wounded enemy personnel. The only distinction which is permitted in dealing with the wounded or sick is that founded on real medical need. There is no absolute obligation on the part of the military medical services to accept civilian wounded and sick – that is to be done only so far as it is practicable to do so. For example, the commander of a field hospital placed to deal with casualties from an impending battle would be entitled to refer non-urgent cases elsewhere, even if the hospital had the capacity to treat them at the time. Once the treatment of a civilian patient has commenced, however, discrimination against him on other than medical grounds is not permissible.
…
7.7. A party to a conflict compelled to abandon wounded or sick to his adversary, must, so far as military considerations permit, leave with them a part of his medical personnel and equipment to help in caring for them. Their presence does not, however, exempt the detaining power from providing any additional assistance that may be necessary.
…
7.9. The wounded and sick, as well as medical personnel and chaplains, may in no circumstances renounce in whole or in part, the rights secured to them by the Convention or by Additional Protocol I.
In its chapter on internal armed conflict, the manual states: “The wounded, sick and shipwrecked must be … given the medical treatment they need without discrimination for non-medical reasons.”
United States of America
The US Field Manual (1956) provides that the “wounded and sick shall be cared for by the party to the conflict in whose power they may be” and that “they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created”.
The manual reproduces Articles 15 and 18 of the 1949 Geneva Convention I.
United States of America
The US Air Force Pamphlet (1976) reproduces Article 12 of the 1949 Geneva Convention I.
United States of America
The US Instructor’s Guide (1985) reproduces Article 12 of the 1949 Geneva Convention I.
United States of America
The US Naval Handbook (1995) provides that parties shall take all possible measures to ensure the care of the wounded, sick and shipwrecked.
United States of America
The US Naval Handbook (2007) states:
Combatants who have been rendered incapable of combat (
hors de combat) by wounds, sickness, shipwreck … are entitled to special protections including assistance and medical attention if necessary. Parties to the conflict must … take all possible measures to … protect them from harm and ensure their care.
United States of America
The US Manual on Detainee Operations (2008) states:
Legal Considerations
a. As a subset of military operations, detainee operations must comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations …
…
c. The four Geneva Conventions of 1949 are fully applicable as a matter of international law to all military operations that qualify as international armed conflicts … The principles reflected in these treaties are considered customary international law, binding on all nations during international armed conflict. Although often referred to collectively as the “Geneva Conventions,” the specific treaties are:
(1)
[1949] Geneva Convention [I] … This convention provides protection for members of the armed forces and other persons on the battlefield who are no longer actively participating in hostilities as the result of becoming wounded or sick. It also regulates the conduct and treatment of medical and medical support personnel. It requires humane treatment for wounded and sick personnel who fall into enemy hands, with an express requirement that such individuals be … provided necessary and adequate care.
The manual further states:
DODD 2310.01E [Department of Defense Directive, The Department of Defense Detainee Program] requires that all DOD [Department of Defense] personnel and contractors will apply, without regard to a detainee’s legal status, at a minimum, the standards articulated in Common Article 3 to the Geneva Conventions of 1949 …
Article 3 Common to the Geneva Convention of 1949
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities … shall in all circumstances be treated humanely …
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
…
(2) The wounded and sick shall be … cared for.
Zimbabwe
Zimbabwe’s Code of Conduct for Combatants (1993), under the heading “Wounded enemies in the field”, states: “Care for them [and] [h]and them over to … the nearest medical personnel.”
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that, in both international and non-international armed conflicts,
the Armed Forces of the Azerbaijan Republic and appropriate authorities and governmental bodies shall ensure [in all circumstances and with the least possible delay] medical assistance and care needed for the wounded and sick.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime.
China
China’s Criminal Law (1979), as amended in 1997, provides:
Whoever, being charged with the duty of saving and treating servicemen during wartime, refuses to do so to a serviceman who, though critically sick or wounded, can be saved or treated, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if he causes serious disability or death of the sick or wounded serviceman or if there are other serious circumstances involved, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.
Colombia
Colombia’s Penal Code (2000) imposes a criminal sanction on “anyone who, during an armed conflict, fails to rescue and provide assistance to protected persons, while having an obligation to do so”.
Cuba
Cuba’s Military Criminal Code (1979) punishes the failure to fulfil the obligations concerning care and treatment of the wounded and sick.
Czech Republic
The Czech Republic’s Criminal Code (1961), as amended in 1999, provides for the punishment of anyone who does not take measures or obstructs measures to protect or provide assistance to the wounded.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
Estonia
Under Estonia’s Penal Code (2001), “refusal to provide assistance to a sick, wounded or shipwrecked person in a war zone, if such refusal causes the death of or damage to the health of that person” is a war crime.
Ethiopia
Ethiopia’s Criminal Code (2004) states:
Article 271.- War Crimes against Wounded, Sick or Shipwrecked Persons or Medical Services.
(1) Whoever, in the circumstances defined above [i.e., in time of war, armed conflict or occupation and in violation of the rules of public international law and of international humanitarian conventions] organizes, orders or engages in:
(a) … withholding medical care and attention required by their condition [from] … wounded, sick or shipwrecked persons …
…
is punishable in accordance with Article 270 [i.e., with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death].
France
France’s Code of Defence (2004), as amended in 2008, states: “Combatants must … protect and care for the wounded, sick and shipwrecked”.
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 12 and 15 of the Geneva Convention I, Articles 12 and 18 of the Geneva Convention II and Article 16 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Article 10, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Articles 7(2) and 8, are punishable offences.
Japan
Japan’s Civil Protection Law (2004) states: “Designated public institutions and designated local public institutions that are hospitals or other medical institutions shall implement necessary measures to ensure medical treatment in armed attack situations”.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.
Peru
Peru’s Decree on the Use of Force by the Armed Forces (2010) states: “The wounded and sick shall be … cared for.”
Rwanda
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:
…
11° failure to medically treat the wounded, the sick, the shipwrecked and persons deprived of their liberty for reasons related to the armed conflict;
…
Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
…
2° imprisonment for ten (10) to twenty (20) years, where he has committed a crime provided for in point 3°, 8°, 11° or 12° of Article 10 of this law.
Senegal
Senegal’s Law Authorizing Ratification of the 2008 Convention on Cluster Munitions (2010) states:
In order to achieve [the] objectives [of the 2008 Convention on Cluster Munitions], each State Party has an obligation to adequately provide assistance, including medical care, rehabilitation, psychological support and social and economic inclusion … to cluster munitions victims in areas under its direction and control.
Slovakia
Slovakia’s Criminal Code (1961), as amended, provides for the punishment of anyone who does not take measures or obstructs measures to protect or provide assistance to the wounded.
Somalia
Somalia’s Military Criminal Code (1963) states:
374. Failure to assist sick, wounded or shipwrecked soldiers. — 1. A soldier assigned to the medical service who, during or after combat, fails to lend his assistance to soldiers or other persons regularly accompanying the belligerent armed forces who are sick, wounded or shipwrecked, even if they are enemies, shall be punished by military confinement for 1 to 10 years.
2. If any of the above-mentioned offences is committed culpably, the penalty shall be military confinement for up to seven years.
…
382. Arbitrary refusal to recognize the status of lawful belligerent. — A commander who causes serious harm … to the sick, wounded or shipwrecked, by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years.
Spain
Spain’s Penal Code (1995) punishes the deprivation of necessary medical aid.
Spain
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.
Ukraine
Under Ukraine’s Criminal Code (2001), failure to fulfil the obligation to provide medical treatment and care to the wounded and sick constitutes a war crime.
United States of America
In July 2006, the US Deputy Secretary of Defense issued a memorandum to senior military and civilian personnel in the Department of Defense (DoD) on the subject of common Article 3 of the 1949 Geneva Conventions and its application to the treatment of detainees:
The Supreme Court Hamdan v. Rumsfeld, 548 US 557, 29 June 2006] has determined that Common Article 3 to the Geneva Conventions of 1949 applies as a matter of law to the conflict with Al Qaeda. The Court found that the military commissions as constituted by the Department of Defense are not consistent with Common Article 3.
It is my understanding that, aside from the military commission procedures, existing DoD orders, policies, directives, execute orders, and doctrine comply with the standards of Common Article 3 … In addition, you will recall the President’s prior directive [President George W. Bush, Memorandum, Humane Treatment of Al Qaeda and Taliban Detainees, 7 February 2002] that “the United States Armed Forces shall continue to treat detainees humanely,” humane treatment being the overarching requirement of Common Article 3.
You will ensure that all DoD personnel adhere to these standards. In this regard, I request that you promptly review all relevant directives, regulations, policies, practices and procedures under your purview to ensure that they comply with the standards of Common Article 3.
Uruguay
Uruguay’s Military Penal Code (1943), as amended, provides for the punishment of the soldier who “fails to assist a surrendered enemy in cases of shipwreck, fire, explosion, earthquake or similar accidents”. It also punishes the soldier who does not assist, when possible, his own comrades in distress.
Venezuela
Venezuela’s Code of Military Justice (1998), as amended, punishes “those who deny or impede assistance to the wounded and sick”.
Viet Nam
Viet Nam’s Penal Code (1990) provides for the punishment of “any person who … fails to care for or give medical treatment to a wounded soldier”.
Viet Nam
Viet Nam’s Penal Code (1999) provides for the punishment of anyone “who … leaves war wounded untended and untreated, thus causing serious consequences”.
Viet Nam
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Chapter XXV
INFRINGEMENTS UPON DUTIES AND RESPONSIBILITIES OF SERVICEMEN AND COOPERATORS WITH THE ARMY IN WARTIME
Article 392. People having criminal responsibility for infringement upon duties and responsibilities of servicemen
1. Servicemen, military workers and employees.
2. Reserve servicemen during training period.
3. Militia members [cooperating] with the army in wartime.
4. Citizens recruited to the army.
…
Article 417. Abandonment of wounded or dead soldiers or failure to treat wounded soldiers
1. Any person who is responsible but deliberately abandons a wounded or dead soldier in the battlefield or fails to treat a wounded soldier and causes the missing or death of such soldier shall face a penalty of up to 03 years’ community [service] or 06–60 months’ imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 03–10 years’ imprisonment:
a) The offender is a commander or commissioned officer;
b) The offence involves ≥ 02 wounded or dead soldiers.
Argentina
In the
Military Junta case in 1985, Argentina’s National Court of Appeals established that, in a situation of internal violence, wounded persons should receive adequate treatment.
Canada
In 2010, in the Semrau case, Canada’s General Court Martial found that a member of the Canadian Operational Mentor and Liaison Team (OMLT) who had killed a wounded insurgent in Afghanistan in 2008 had thereby breached Canada’s Code of Service Discipline. The General Court Martial stated:
The code of conduct for CF [Canadian Forces] personnel clearly states that we must offer assistance to wounded enemies that do not pose a threat to us. The code of conduct was taught to every OMLT member and was part of the soldier’s card issued to every OMLT member.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained
ius cogens status, … [include] the obligation to … assist the wounded and sick.

[footnote in original omitted]
Israel
In its judgment in Physicians for Human Rights v. Commander of the IDF Forces in the West Bank in 2002, Israel’s High Court of Justice stated:
Though we are unable to express a position regarding the specific events mentioned in the petition … we see fit to emphasize that our combat forces are required to abide by the rules of humanitarian law regarding the care of the wounded, the ill and bodies of the deceased.
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
…
The accused’s position is stated to be that this Court has no jurisdiction to try him.
…
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
…
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
…
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
…
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
…
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
…
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
…
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
…
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
…
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
…
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
…
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
…
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
…
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of
usus and/or
opinio juris have not been met. See
Petane.

[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of
usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of
opinio juris.
Australia
The briefing notes prepared by the Office of the Attorney General of Australia and cleared by the Defence Forces for debate on the 1991 Geneva Conventions Amendment Bill stated that the 1977 Additional Protocol II had produced some important principles, including “general duties of care for the wounded and sick”.
Colombia
The Report on the Practice of Colombia states that Colombia authorizes the Colombian Red Cross or the ICRC to render aid to the wounded.
Djibouti
In 2010, in the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Treatment”, stated: “Wounded, sick or shipwrecked enemy combatants shall be … cared for.”
Egypt
The Report on the Practice of Egypt states:
In application of its long dated experience, Egypt considers the … care for wounded [and] sick … as a tradition which should be respected at all times and in any circumstance, particularly in time of military operations.
France
Under the instructions given to the French armed forces for the conduct of Opération Mistral, simulating a military operation under the right of self-defence or a mandate of the UN Security Council, “the wounded and sick, whether civilian or military, must be respected, collected, respected and cared for”.
Germany
In 2010, in reply to a Minor Interpellation in the Bundestag (Lower House of Parliament) entitled “Treatment of child soldiers by the German armed forces (Bundeswehr) during operations abroad”, Germany’s Federal Government wrote:
8. Which procedures are envisaged for the treatment of child soldiers injured, apprehended or detained by the Bundeswehr?
All wounded and sick – also attackers – are to be given medical care if the situation permits.
Honduras
In 1985, the Government of Honduras reported to the Inter-American Commission on Human Rights that medical professionals were caring for an individual wounded during an incident in a refugee camp by a member of a Honduran patrol.
India
According to the Report on the Practice of India, there is an obligation to provide immediate medical treatment to those who are injured in police firing.
Islamic Republic of Iran
According to the Report on the Practice of the Islamic Republic of Iran, during the Iran–Iraq War, Iran brought wounded Iraqi combatants to safe places and treated them in accordance with Islamic principles which, according to Iran’s
opinio juris, require that wounded and sick combatants be cared for.
Israel
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 the operational order contained the following provision: “Special protection shall be provided to the wounded and sick”.
Jordan
With reference to two communiqués issued by the General Military Commander in September 1970, the Report on the Practice of Jordan states that Jordan “made sure that adequate care to the wounded during the internal armed conflict which occurred in its territory in 1970 was provided”.
Malaysia
According to the Report on the Practice of Malaysia, enemy sick or wounded are handed over to the police, who are under an obligation to provide the necessary medical treatment.
Netherlands
In 2005, in reply to written questions concerning, inter alia, the treatment of wounded persons in Afghanistan, the Minister of Defence of the Netherlands stated:
If persons are wounded during actions in which Dutch soldiers are involved, then they will be treated in accordance with international humanitarian law. International humanitarian law contains, amongst others, the obligation to take all possible measures to trace the wounded and sick and to provide them with the necessary care.
Philippines
The Report on the Practice of the Philippines states:
In an armed conflict where guerilla warfare is the strategy used, distinguishing between civilians and combatants is very difficult. This is precisely the reason why the Philippines have adopted the same rules for both civilians and combatants with regard to the … care of the wounded [and] sick.
Portugal
In 1989, when submitting information on the rights of detainees for consideration by the UN Sub-Commission on Human Rights, Portugal stated that where firearms were used, those wounded had to be given first aid as soon as possible.
Rwanda
In 1997, a senior officer of the Rwandese Patriotic Front (RPF) declared to a gathering of diplomats and NGO representatives that civilians caught in crossfire were being brought to hospital by members of the RPF in order to receive care.
Somalia
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
[A]fter the battle was over, a wounded man from the enemy was found on the battlefield, the traditional immunity code would require that he should … be … cared for and nursed until he was well again.
…
Examining the actual treatment of the war-wounded in traditional Somali conflicts, we find that, generally, … the enemy’s wounded who were found lying on the battlefield … were … treated for their wounds and given nutritious food to enhance the process of their healing.
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, the Transitional Federal Government of Somalia referred to “Spared from the Spear” as its “own Geneva Conventions”:
In times of hostilities, the
Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups.
South Africa
In its report on “Gross violations of human rights” committed between 1960 and 1993, South Africa’s Truth and Reconciliation Commission stated that it had evidence from the war in south-west Africa that “on occasion, badly wounded SWAPO [South Western Africa People’s Organisation] fighters were … not given medical treatment”.
Sri Lanka
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Sri Lanka stated:
The Ministry of Health has begun a school to train prosthetist-orthotists, in order to cater to the needs of amputees and others with physical disabilities. Training is ongoing, including for individuals from the North and East, with the potential to assist persons injured by war including landmine victims. It is expected to establish 24 training centres across the island.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states:
Wounded, sick and shipwrecked
Wounded and sick are defined as members of the armed forces or Civilians, who are in need of medical attention and who renounce all acts of hostility. According to this definition, a wounded combatant who continues to make use of a weapon does not qualify.
International humanitarian law calls on all parties to a conflict to treat the wounded and sick in a humane way, i.e. to shelter, rescue and protect them and to provide medical care. No distinction is to be made, except of a medical nature, and
Women are given special consideration. The same rules apply to shipwrecked persons, i.e. to all members of the armed forces and civilians in danger at sea or in any other body of water. Wounded, sick and shipwrecked
Combatants are to be accorded
Prisoner of war status.
Switzerland
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
…
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions.

[footnotes in original omitted]
United Kingdom of Great Britain and Northern Ireland
In 2003, in a reply to a written question in the House of Lords, the UK Parliamentary Under-Secretary of State, Ministry of Defence, wrote:
The Deployed Operating Instructions issued to all United Kingdom military units state that enemy dead are to be treated the same as UK military dead. This includes a direction that, where next of kin cannot be traced, the bodies are to be given the same funeral as would UK military personnel, subject to religious practices. Wounded enemy personnel are given care and medical attention that accord fully with our obligations under the Geneva Convention.
United Kingdom of Great Britain and Northern Ireland
The UK Government Strategy on the Protection of Civilians in Armed Conflict (2010) states: “
During armed conflict, civilians and combatants ‘hors de combat’ are entitled to specific protection under
international humanitarian law (IHL) providing that they are not, or are no longer, taking a direct part in hostilities. … [P]reventing the provision of medical care [is prohibited]”.

(emphasis in original)
United Kingdom of Great Britain and Northern Ireland
In 2010, in its closing submissions to the public inquiry into the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him by UK armed forces in Iraq in 2003, the UK Ministry of Defence stated regarding common Article 3 of the 1949 Geneva Conventions: “On its face this protection is restricted to armed conflicts not of an international character. However, it is understood to apply in all forms of armed conflict as part of customary international law to set out the irreducible minimum standard.”
United States of America
According to the Report on US Practice, it is the
opinio juris of the United States that the wounded and sick in internal armed conflicts should be respected and protected in accordance with Article 7 of the 1977 Additional Protocol II. They must receive the medical care required by their condition.
Uruguay
In 1975, the Government of Uruguay informed the Inter-American Commission on Human Rights that a prisoner who was shot and seriously injured during an escape attempt was immediately given first aid and brought to a military hospital for surgery.
Yugoslavia, Socialist Federal Republic of
In 1991, in a document entitled “Examples of violations of the rules of international law committed by the so-called armed forces of Slovenia”, the Ministry of Defence of the Socialist Federal Republic of Yugoslavia included the following example:
It was quite normal to prevent assistance to be provided to the wounded YPA [Yugoslav People’s Army] soldiers … Civilian hospitals and clinics have refused to provide medical assistance to the wounded and sick soldiers and their dependants.
Zimbabwe
The Report on the Practice of Zimbabwe states: “Zimbabwe seems to regard as customary, the rules of international practice codified in the Geneva Conventions as regards the … care of the wounded.”
UN Commission on Human Rights
In a resolution adopted in 1984, the UN Commission on Human Rights called on all parties to the conflict in El Salvador to respect and protect the wounded from all sides.
UN Commission on Human Rights
In a resolution adopted in 1991, the UN Commission on Human Rights called upon the parties “to guarantee respect for the humanitarian rules applicable to non-international armed conflicts such as that in El Salvador, particularly with regard to the evacuation of the war wounded and maimed in order that they receive prompt medical attention”.
UN Sub-Commission on Human Rights
In a resolution adopted in 1989, the UN Sub-Commission on Human Rights reminded:
the Government of El Salvador that in accordance with Additional Protocol II to the Geneva Conventions, it must respect and give protection to the war-wounded and disabled, it may not prevent their evacuation by the International Committee of the Red Cross so that they may receive the medical attention they require.
UN Commission on Human Rights (Special Rapporteur)
In 1995, in a report on the situation of human rights in Burundi, the Special Rapporteur of the UN Commission on Human Rights condemned the alleged practice of both parties of refusing to provide medical care to the wounded brought to clinics or hospitals.
UN Commission on Human Rights (Special Rapporteur)
In 1997, in a report on the situation of human rights in Nigeria, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the UN Special Rapporteur on the Independence of Judges and Lawyers expressed particular concern that the Government of Nigeria had “reportedly denied medical care to detainees suffering from allegedly life-threatening conditions”.
UN Observer Mission in El Salvador
In 1992, in a report concerning El Salvador, the Director of the Human Rights Division of ONUSAL reported that the wounded and sick were entitled to immediate care, failure to observe this rule of conduct being a serious violation of the norms of IHL.
Council of Europe
In 1995, the Rapporteur of the Council of Europe on the human rights situation in Chechnya reported two cases in which wounded Russian soldiers were attacked in hospitals but noted that these incidents were isolated and did not derive from a deliberate policy of the Chechen authorities.
European Parliament
In a resolution adopted in 1985 on the situation in Afghanistan, the European Parliament demanded that the Union of Soviet Socialist Republics allow the ICRC access to care for the wounded.
League of Arab States Council
In a resolution on Yemen adopted in 1964, the League of Arab States Council decided “to call upon the International Committee of the Red Cross to take the initiative of providing care for the wounded and help for the victims”.
No data.
Eritrea-Ethiopia Claims Commission
In its Prisoners of War (Eritrea’s Claim) partial award in 2003, the Eritrea-Ethiopia Claims Commission, in considering the obligation to care for the wounded and sick, stated:
A State’s obligation to ensure humane treatment of enemy soldiers can be severely tested in the heated and confused moments immediately following capture or surrender and during evacuation from the battlefront to the rear. Nevertheless, customary international law as reflected in [the 1949] Geneva Conventions I and III … requires the wounded and sick to be … cared for.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:
The wounded, sick and shipwrecked shall be … cared for …
…
The wounded and sick shall receive the medical care and attention required by their state of health.
ICRC
In a Memorandum on the Applicability of International Humanitarian Law sent in 1990 to all States party to the 1949 Geneva Conventions in the context of the Gulf War, the ICRC stated: “The wounded, the sick and the shipwrecked must be … cared for”.
ICRC
In two press releases issued in 1991 in the context of the Gulf War, the ICRC reminded the parties: “The wounded, sick and shipwrecked members of the armed forces must be cared for; [and] the wounded, whether civilian or military, … must receive special consideration and protection.”
ICRC
In a press release in 1992, the ICRC urged all the parties involved in the conflict in Tajikistan to ensure the protection of civilian and military victims and in particular “to ensure that the wounded and sick were cared for in all circumstances, regardless of the side to which they belong”.
ICRC
In a press release in 1992, the ICRC urged all parties to the conflict in Nagorno-Karabakh “to ensure that the wounded and sick are cared for in all circumstances”.
ICRC
In a communication to the press in 1993, the ICRC enjoined the parties to the conflict in Somalia to “care for wounded and sick”.
ICRC
In a press release in 1994, the ICRC reminded the parties to the conflict in Afghanistan that the sick and wounded must be respected in all circumstances.
National Society (Mexico)
In a declaration issued in 1994 in the context of the conflict between the Mexican Government and the Ejército Zapatista de Liberación Nacional (EZLN), the Mexican Red Cross, basing itself on the 1949 Geneva Conventions and the 1977 Additional Protocol I, which it considered applicable to the situation in Chiapas, stated that the parties were under an obligation to protect and care for wounded persons in their power.
ICRC
In 1994, in a Memorandum on Respect for International Humanitarian Law in Angola, the ICRC stated: “All the wounded and sick, both civilian and military, must be … cared for”.
ICRC
In 1994, in a Memorandum on Compliance with International Humanitarian Law by the Forces Participating in Opération Turquoise in the Great Lakes region, the ICRC emphasized: “All the wounded and sick must be … cared for, without distinction, in accordance with the provisions laid down primarily in the First and Fourth Geneva Conventions.”
ICRC
In a press release in 1994, the ICRC called on parties to the conflict in Chechnya to ensure that the wounded and sick were cared for.
ICRC
In a press release in 1995, the ICRC appealed to all the parties involved in Turkey’s military operations in northern Iraq “to care for the wounded and sick”.
ICRC
In a communication to the press issued in 2000 in connection with the hostilities in the Near East, the ICRC stated: “The wounded and sick must be … cared for regardless of the party to which they belong.”
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, provides:
In every circumstance, the wounded and sick, whether or not they have taken part in acts of violence, … shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.
Sudan People’s Liberation Movement/Army (SPLM/A)
With reference to the Penal and Disciplinary Rules and OLS Ground Rules, the Report on SPLM/A Practice states: “The SPLM/A has a long-standing practice of care for the sick and wounded. This practice has been expressed in outstanding legal instruments of the SPLM/A.”