Practice Relating to Rule 111. Protection of the Wounded, Sick and Shipwrecked against Pillage and Ill-Treatment
Section A. General
Note: For practice concerning pillage in general, see Rule 52.
Geneva Convention (1906)
Article 28 of the 1906 Geneva Convention provides:
In the event of their military penal laws being insufficient, the signatory governments also engage to take, or to recommend to their legislatures, the necessary measures to repress, in time of war, individual acts of robbery and ill treatment of the sick and wounded of the armies.
Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, Geneva, 6 July 1906, Article 28.
Hague Convention (X)
Article 16 of the 1907 Hague Convention (X) provides:
After every engagement, the two belligerents, so far as military interests permit, shall take steps to look for the shipwrecked, sick, and wounded, and to protect them … against pillage and ill-treatment.
Hague Convention (X) for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention, The Hague, 18 October 1907, Article 16.
Geneva Conventions (1949)
Common Article 3(1) of the 1949 Geneva Conventions states:
Persons taking no active part in the hostilities, including members of armed forces who … [have been] placed hors de combat by sickness [or] wounds … shall in all circumstance be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
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:
(a) violence to life and person, in particular … cruel treatment and torture;
…
(c) outrages upon personal dignity, in particular humiliating and degrading treatment.
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 3(1); Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 3(1); Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 3(1); Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 3(1).
Geneva Convention I
Article 15, first paragraph, of the 1949 Geneva Convention I provides: “At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures … to protect [the wounded and sick] against pillage and ill-treatment”.
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 15, first para.
Geneva Convention II
Article 18, first paragraph, of the 1949 Geneva Convention II provides: “After an engagement, Parties to the conflict shall, without delay, take all possible measures … to protect [the shipwrecked, wounded and sick] against pillage and ill-treatment”.
Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 18, first para.
Geneva Convention IV
Article 16, second paragraph, of the 1949 Geneva Convention IV provides:
As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 16, second para.
Additional Protocol II
Article 4(2)(g) of the 1977 Additional Protocol II prohibits acts of pillage against “all persons who do not take a direct part or who have ceased to take part in hostilities”.
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(2)(g). Article 4 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90.
Additional Protocol II
Article 8 of the 1977 Additional Protocol II provides:
Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without delay, … to protect [the wounded, sick and shipwrecked] against pillage and ill-treatment.
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 8. Article 8 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.51, 3 June 1977, p. 110.
Report of the Commission on Responsibility
Based on several documents supplying evidence of outrages committed during the First World War, the 1919 Report of the Commission on Responsibility lists violations of the laws and customs of war which should be subject to criminal prosecution, including ill-treatment of wounded.
Report submitted to the Preliminary Conference of Versailles by the Commission on Responsibility of the Authors of the War and on Enforcement of Penalties, Versailles, 29 March 1919.
UN Command Rules and Regulations
Rule 4 of the 1950 UN Command Rules and Regulations gave Military Commissions of the UN Command in Korea jurisdiction over offences including acts of marauding.
Rules of Criminal Procedure for Military Commissions of the United Nations Command, Tokyo, 22 October 1950, Rule 4.
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.”
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 1.
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: “The treatment provided to the wounded, sick and shipwrecked shall be in accordance with the provisions of the First and Second Geneva Conventions of 12 August 1949.”
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.1.
UN Secretary-General’s Bulletin
Section 7.2 of the 1999 UN Secretary-General’s Bulletin states that pillage of persons hors de combat is prohibited.
Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 7.2.
Argentina
Argentina’s Law of War Manual (1969) states that the sick and wounded on the battlefield must be protected against pillage.
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 3.003.
Australia
Australia’s Defence Force Manual (1994) provides that all possible measures must be taken to protect the wounded and sick against pillage and ill-treatment.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 986.
Australia
Australia’s LOAC Manual (2006) states: “The parties to a conflict must take all possible measures to search for and collect the wounded, sick and shipwrecked [and] to protect them from pillage and ill-treatment”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.92 and 9.97; see also § 6.68.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Burkina Faso
Burkina Faso’s Disciplinary Regulations (1994) states: “It is prohibited to plunder the … wounded”.
Burkina Faso, Règlement de Discipline Générale dans les Forces Armées, Décret No. 94-159/IPRES/DEF, Ministère de la Défense, 1994, Article 35(2).
Cameroon
Cameroon’s Disciplinary Regulations (1975) states: “It is prohibited to plunder the wounded, sick and shipwrecked”.
Cameroon, Règlement de discipline dans les Forces Armées, Décret No. 75/700, 6 November 1975, Article 32.
Cameroon
Cameroon’s Disciplinary Regulations (2007) states:
Article 32: Prohibitions
It is prohibited to soldiers in combat:
…
- to commit violence to life or person of the wounded, sick or shipwrecked, of prisoners, as well as of civilians, in particular murder of all kinds, mutilation, cruel treatment or torture;
- to despoil the dead, wounded, sick and shipwrecked.
Cameroon, Règlement de discipline générale dans les forces de défense, Décret N° 2007/199, Président de la République, 7 July 2007, Article 32.
Canada
Canada’s LOAC Manual (1999) states that “the parties to a conflict must protect the wounded, sick and shipwrecked against pillage and ill-treatment” in both international and non-international armed conflicts.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-1, § 9 and p. 17-4, § 32.
Canada
Canada’s Code of Conduct (2001) provides that, following an engagement, there is an obligation to protect the sick, wounded and civilians against theft and ill-treatment. It further states: “The personal property of sick and wounded … shall not be taken.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 3 and Rule 8, § 2.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “The parties to a conflict must protect the wounded, sick and shipwrecked from pillage and ill-treatment and ensure their adequate care.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 904.2.
In its chapter on non-international armed conflicts, the manual 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] to protect them against pillage and ill-treatment”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1718.
Canada
Canada’s Code of Conduct (2005) states:
Following an engagement in which you were involved, you have an obligation, without delay, to take all possible measures to search for and collect the wounded and sick from all sides, opposing forces or not, as well as civilians … This includes the obligation to protect them against theft and ill-treatment …
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 3.
The Code of Conduct further instructs: “The personal property of sick and wounded, detained persons and the dead shall not be taken.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 8, § 2.
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: … protect … the wounded, sick and shipwrecked whenever circumstances permit.”
Central African Republic, Décret 09.411 portant règlement de discipline générale dans les Armées, Ministre de la Défense Nationale, des Anciens Combattants, des Victimes de Guerre, du Désarmement et de la Restructuration de l’Armée, 10 December 2009, Article 12(10).
The Regulations also states: “During combat, it is also prohibited for servicemen to … despoil … the wounded … [and to] commit violence against … the life and person of the wounded, sick and shipwrecked”.
Central African Republic, Décret 09.411 portant règlement de discipline générale dans les Armées, Ministre de la Défense Nationale, des Anciens Combattants, des Victimes de Guerre, du Désarmement et de la Restructuration de l’Armée, 10 December 2009, Article 12(11).
Colombia
Colombia’s Circular on Fundamental Rules of IHL (1992) provides that the wounded and sick must be protected by the party which has them in its power.
Colombia, Transcripción Normas Fundamentales del Derecho Humanitario Aplicables en los Conflictos Armados, Circular No. 033/DIPL-SERPO-526, Policía Nacional, Dirección General, Santafé de Bogotá, 14 May 1992, §§ 1 and 3.
Congo
The Congo’s Disciplinary Regulations (1986) states: “It is prohibited to plunder the … wounded”.
Congo, Décret No. 86/057 du 14 janvier 1986 portant Règlement du Service dans l’Armée Populaire Nationale, 1986, Article 32.2.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
Wounded enemy combatants
…
8. Disarm them:
- take only objects of military use,
- theft is prohibited.
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 23 and 25.
Djibouti
Djibouti’s Disciplinary Regulations (1982) states:
It is prohibited for combatants to:
…
- despoil the … wounded;
…
- commit violence to the life and person of the wounded, sick [and] shipwrecked.
Djibouti, Décret no. 82-028/PR/DEF du 5 mai 1982 portant règlement de la discipline générale dans les Forces armées, Article 30(3).
France
France’s Disciplinary Regulations (1975), as amended, states: “It is prohibited to plunder the … wounded”.
France, Règlement de Discipline Générale dans les Armées, Decree No. 75-675 of 28 July 1975, replacing Decree No. 66-749, completed by Decree of 11 October 1978, implemented by Instruction No. 52000/DEF/C/5 of 10 December 1979, and modified by Decree of 12 July 1982, Ministère de la Défense, Etat-Major de l’Armée de Terre, Bureau Emploi, Article 9 bis (2).
Germany
Germany’s Military Manual (1992) states that the wounded, sick and shipwrecked “shall be protected against pillage and ill-treatment”.
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 605.
Greece
The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides that members of the armed forces “should … protect … the wounded and sick, when circumstances allow” and that it is forbidden to “perform outrageous acts against the … wounded”.
Greece, Hellenic Territorial Army Regulation of Internal Service Code, Presidential Decree 130/1984 (Military Regulation 20-1), as amended, Articles 14(c) and 15(b).
Guinea
Guinea’s Disciplinary Regulations (2012) states:
Article 12: Duties and responsibilities of military personnel in combat
…
a) 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;
…
b) Military personnel in combat are prohibited from:
…
- despoiling the dead and the wounded;
…
- [committing] violence to life and person of the sick, wounded and shipwrecked … in particular murder of all kinds, mutilation, cruel treatment, torture and torment.
Guinea, Règlement de Service dans les Forces Armées, Volume 1: Règlement de Discipline Générale (Service Regulations in the Armed Forces, Volume 1: General Discipline Regulations), 2012 edition, Ministère de la Défense Nationale, approved by Presidential Decree No. D 293/PRG/SGG/2012, 6 December 2012, Article 12(a) and (b).
Indonesia
Indonesia’s Military Manual (1982) provides that the wounded and sick must be protected from robbery and ill-treatment.
Indonesia, The Basics of International Humanitarian Law, Legal Division of the Indonesian Armed Forces, 1982, § 37.
Ireland
Ireland’s Basic LOAC Guide (2005) states: “Protection must be afforded to the wounded and sick from pillage and ill treatment.”
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 6.
Israel
Israel’s Manual on the Laws of War (1998) states that the “Geneva Conventions contain provisions banning the looting of the wounded, sick [and] shipwrecked … Looting is regarded as a despicable act that tarnishes both the soldier and the IDF [Israel Defense Forces], leaving a serious moral blot.”
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 62.
Israel
Israel’s Manual on the Rules of Warfare (2006) states:
Today, pillage is strictly forbidden. The Hague rules forbid pillage both in time of battle and in conquered territory. The Geneva Conventions contain directives prohibiting the pillage of the wounded and sick … Pillage is considered as a despicable act, and stains the soldier and the army with a serious moral stain.
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 29.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s IHL Manual (1991) provides that the ill-treatment of the wounded, sick and shipwrecked is a war crime.
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 84.
Lebanon
Lebanon’s Army Regulations (1971), Field Manual (1996) and Teaching Manual (1997) prohibit the pillage of the wounded.
Lebanon, Règlement Général de l’Armée, No. 1/400, Ministère de la Défense, Commandement de l’Armée, 14 January 1971, § 17; Manuel de Service du Terrain dans l’Armée Libanaise, Arrêt No. 3188/A.A./Q, Département de l’Armée pour la Planification, Direction des Etudes Générales, 23 October 1996, § 8; Manuel de l’Instruction Nationale dans l’Armée Libanaise, 1997, p. 77.
Mali
Mali’s Army Regulations (1979) states: “It is prohibited to plunder the … wounded”.
Mali, Règlement du Service dans l’Armée, 1ère Partie: Discipline Générale, Ministère de la Défense Nationale, 1979, Article 36.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention II, states: “After each engagement, parties to the conflict must take all possible measures to … protect [the shipwrecked, wounded and sick] against pillage and ill-treatment”.
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 118.
Morocco
Morocco’s Disciplinary Regulations (1974) states: “It is prohibited to plunder the … wounded”.
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25.2.
Netherlands
The Military Manual (1993) of the Netherlands provides with regard to non-international armed conflicts: “The wounded, sick and shipwrecked must be protected against pillage.”
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. XI-1.
Netherlands
The Military Manual (2005) of the Netherlands states:
All wounded and sick, also shipwreck survivors, to whichever party they belong, should be spared and protected. The terms “respected” and “protected” are complementary. “Respected” means not harmed, not exposed to suffering or injury and not killed. “Protected” means active safeguarding against dangers and prevention of suffering. Any attack on the lives of the wounded and sick is prohibited. In particular, they must not be killed or exterminated and must not be subjected to torture or other any other forms of cruelty.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0603.
In its chapter on non-international armed conflict, the manual states:
Section 9 - Special protection
1055. The wounded, the sick and shipwreck survivors must be respected and protected, whether or not they have taken part in the armed conflict. They must in all circumstances be humanely treated, and provided with the requisite medical care without discrimination.
1056. The dead, the wounded, the sick and shipwreck survivors must be searched for and collected. They must be protected against pillage.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 1055–1056.
In its chapter on peace operations, the manual states that “wounded, sick and medical personnel should always be protected and humanely treated”.
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1223.
New Zealand
New Zealand’s Military Manual (1992) provides that the sick, wounded and shipwrecked are to be protected from pillage and ill-treatment in both international and non-international armed conflicts.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1003(1) and 1817(1).
Nigeria
Nigeria’s Manual on the Laws of War provides: “The belligerents must immediately take all possible measures to protect the sick and wounded against pillage and ill-treatment”.
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 34.
Peru
Peru’s IHL Manual (2004) states:
At all times in an armed conflict, and particularly after an engagement, parties to the conflict must take all possible measures, to the extent permitted by military requirements and taking into account the circumstances and location, in order to … protect [the wounded, sick and shipwrecked] against pillage and ill-treatment and ensure that they are adequately cared for.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 86.a.(1).
Peru
Peru’s IHL and Human Rights Manual (2010) states:
At all times in an armed conflict, and particularly after an engagement, parties to the conflict must take all possible measures, to the extent permitted by military requirements and taking into account the circumstances and location, in order to:
(1) … [P]rotect [the wounded, sick and shipwrecked] against pillage and ill-treatment and ensure that they are adequately cared for.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 77(a)(1), p. 227.
Philippines
The Rules for Combatants (1989) of the Philippines provides: “It is forbidden to mistreat a wounded enemy combatant.”
Philippines, Rules for Combatants, in Handbook on Discipline, Annex C(II), General Headquarters, Armed Forces of the Philippines, Camp General Emilio Aguinaldo, Quezon City, 1989, § 3.
Romania
Romania’s Soldiers’ Manual (1991) provides: “It is prohibited to despoil or pillage wounded and sick enemy combatants.”
Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, p. 9.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Both in the course of combat operations and after accomplishing the assigned mission, the commander shall take measures to search for and collect the wounded and sick, of whatever nationality, protect them against pillage and ensure their adequate care and protection.
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 47.
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 be respected and protected …
Whenever circumstances permit and particularly after an engagement, all possible measures shall be taken, without delay … to protect them against pillage and ill-treatment.
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 82.
Senegal
Senegal’s Disciplinary Regulations (1990) provides: “It is prohibited to plunder the … wounded.”
Senegal, Règlement de Discipline dans les Forces Armées, Décret 90-1159, 12 October 1990, Article 34.2.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) states that “soldiers should … [p]rotect [the wounded and the sick] and not expose them to danger”.
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 37.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
1.3 Relationship between LOAC [law of armed conflict] and Human Rights Law and Fundamental Protection Provided under LOAC.
…
Certain fundamental rights under Human Rights Law may never be violated, but others may be restricted or derogated from under certain conditions. No provision is made in the LOAC for derogation of rights offered under common article 3 of the [1949] Geneva Conventions.
…
1.4 Different Types of armed Conflict and those bound by LOAC
…
Application: Civil Wars and Non-International Armed Conflicts
…
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 [of the] Geneva Conventions are the following:
- Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
- 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:
- Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
…
- Outrages upon personal dignity, in particular[] humiliating and degrading treatment[.]
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. 21, 23, 26 and 28–29.
The manual also states:
2.1 Basic Categories of Persons and Objects Recognised under the LOAC
…
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[:]
- search for and collect the wounded and sick;
- protect them against pillage and ill-treatment[.]
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. 52, 102, 103–104.
Spain
Spain’s LOAC Manual (2007) states: “‘As far as military considerations allow’, each party to the conflict should facilitate the steps taken to search for the dead and the wounded and protect them against pillage and ill-treatment.”
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 2.4.a.(1).
Switzerland
Switzerland’s Basic Military Manual (1987) provides: “It is prohibited to despoil the wounded.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 72; see also Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 19.
Switzerland
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states: “I respect civilian property. Pillaging and robbing, even of wounded or dead persons, are strictly prohibited.”
Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rule 6.
Ukraine
Ukraine’s IHL Manual (2004) states:
Both during combat and after the accomplishment of the combat mission the commander of a large or small unit (command) shall take all measures to search for and collect the wounded, sick … and shipwrecked (persons who have suffered an aircraft crash) … regardless of their identity [and] to protect them from pillage.
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 2.5.2.1; see also § 1.4.12.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) states that the wounded and sick must be protected against pillage and ill-treatment.
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 342.
The manual refers to:
a special class of war crime that is sometimes known as “marauding”. This consists of ranging over battlefields and following advancing or retreating armies in quest of loot, robbing, maltreating and killing stragglers and wounded and plundering the dead – all acts done not as a means of carrying on the war but for private gain. Nevertheless, such acts are treated as violations of the law of war. Those who commit them, whether civilians who have never been lawful combatants, or persons who have belonged to a military unit, an organised resistance movement or a levée en masse, and have deserted and so ceased to be lawful combatants, are liable to be punished as war criminals. They may be tried and sentenced by the courts of either belligerent.
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 636.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) refers to Article 15 of the 1949 Geneva Convention I and states that combatants shall prevent the wounded and sick from being despoiled.
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 6, p. 22, § 3.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
The parties to a conflict are under an obligation “at all times, and particularly after an engagement … without delay [to] take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, and to ensure their adequate care”.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 7.4; see also § 13.129 (maritime warfare).
With regard to internal armed conflicts in which the 1977 Additional Protocol II is applicable, the manual states:
“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, to protect them against pillage and ill-treatment …”.
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.44.
United States of America
The US Field Manual (1956) states that the parties shall take all possible measures to protect the wounded and sick against pillage and ill-treatment and prevent their being despoiled.
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 216.
United States of America
The US Air Force Pamphlet (1976) refers to Article 15 of the 1949 Geneva Convention I and states the obligation to protect the sick and wounded from pillage and ill-treatment.
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 12-3(a).
United States of America
The US Naval Handbook (1995) provides that “mistreating enemy forces, the shipwrecked disabled by sickness or wounds” is a war crime.
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 6.2.5.
United States of America
The US Naval Handbook (2007) states that examples of war crimes that could be considered as grave breaches of the 1949 Geneva Conventions include:
…
3. Offenses against the sick and wounded, including … mistreating enemy forces disabled by sickness or wounds.
…
5. Offenses against the survivors of ships … lost at sea, including … mistreating the shipwrecked.
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 6.2.6(6); see also § 6.2.6(3) and (5).
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 … protected against pillage and ill treatment.
United States, Manual on Detainee Operations, Joint Chiefs of Staff, 30 May 2008, pp. I-2–I-3.
Zimbabwe
Zimbabwe’s Code of Conduct for Combatants (1993) under the heading “Wounded, sick and shipwrecked enemies at sea” states: “Protect the wounded, sick and shipwrecked (also aircrew).”
Zimbabwe, Code of Conduct for Combatants, Joint publication of the Zimbabwe Defence Forces and the International Committee of the Red Cross Regional Delegation in Harare, 1993, p. 6.
Albania
Albania’s Military Penal Code (1995) provides for the punishment of “stealing on the battlefield”.
Albania, Military Penal Code, 1995, Articles 91–93.
Algeria
Algeria’s Code of Military Justice (1971) provides for the punishment of soldiers or civilians who, in an area of hostilities, steal from the wounded, sick or shipwrecked.
Algeria, Code of Military Justice, 1971, Article 287.
Armenia
Under Armenia’s Penal Code (2003), stealing objects from the wounded and sick on the battlefield is a punishable offence.
Armenia, Penal Code, 2003, Article 383.
Australia
Australia’s Defence Force Discipline Act (1982), in an article on looting, provides:
A person, being a defence member or a defence civilian, who, in the course of operations against the enemy, or in the course of operations undertaken by the Defence Force for the preservation of law and order or otherwise in aid of the civil authorities –
…
(b) takes any property from the body of a person … wounded [or] injured … in those operations …
is guilty of [an] offence.
Australia, Defence Force Discipline Act, 1982, Section 48(1).
Australia
Australia’s Defence Force Discipline Act (1982), as amended to 2007, states:
48 Looting
(1) A person who is a defence member or a defence civilian is guilty of an offence if, in the course of operations against the enemy, or in the course of operations undertaken by the Defence Force for the preservation of law and order or otherwise in aid of the civil authorities, the person:
(a) takes any property that has been left exposed or unprotected; or
(b) takes any property from the body of a person who has been killed or from a person who has been wounded, injured or captured; or
(c) takes any vehicle, equipment or stores captured from or abandoned by the enemy.
Maximum punishment: Imprisonment for 5 years.
Australia, Defence Force Discipline Act, 1982, as amended to 2007, Division 5A, Subdivision D, § 48(1), p. 56.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides: “In international and non-international armed conflicts, at any time and especially after an engagement, all possible measures must be taken to protect the wounded and sick from pillage and ill-treatment.”
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 24.
Azerbaijan
Azerbaijan’s Criminal Code (1999) provides for the punishment of “pillage of property of persons killed or wounded on the battlefield”.
Azerbaijan, Criminal Code, 1999, Article 118.
Bahrain
Bahrain’s Military Penal Code (2002) provides: “Any combatant who, in a military zone, plunders a … wounded or sick soldier, even an enemy soldier, shall be liable to life imprisonment.”
Bahrain, Military Penal Code, 2002, Article 101.
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.
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Bolivia
Bolivia’s Military Penal Code (1976) provides that “the person who plunders the belongings of wounded in combat” commits a punishable offence.
Bolivia, Military Penal Code, 1976, Article 156.
Bosnia and Herzegovina
Under the Criminal Code (1998) of the Federation of Bosnia and Herzegovina, “the unlawful appropriation of belongings from the … wounded on the battlefield” is a war crime. It adds that ill-treatment of wounded, sick and shipwrecked is a war crime.
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Articles 159(1) and 173.
The Criminal Code (2000) of the Republika Srpska contains the same provisions.
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Articles 439(1) and 441.
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) states:
(1) Whoever orders the unlawful appropriation of belongings from the … wounded on the battlefield, or who carries out such appropriation,
shall be punished by imprisonment for a term of between six months and five years.
(2) If the criminal offence referred to in paragraph 1 of this Article has been perpetrated in a cruel manner, the perpetrator
shall be punished by imprisonment for a term of between one and ten years.
Bosnia and Herzegovina, Criminal Code, 2003, Article 178.
Bulgaria
Bulgaria’s Penal Code (1968), as amended in 1999, provides that taking on the battlefield “objects from a wounded [person], … with the intention to unlawfully appropriate them” is a crime.
Bulgaria, Penal Code, 1968, as amended in 1999, Article 405.
Burkina Faso
Under Burkina Faso’s Code of Military Justice (1994), “the despoliation of the wounded [and] sick … in a unit’s area of operations” is an offence.
Burkina Faso, Code of Military Justice, 1994, Article 193.
Burundi
Burundi’s Military Penal Code (1980) states:
Any person, military or not, who, in the area of operation of a force or a unit:
1. Plunders a wounded, sick, shipwrecked or dead person, is punished with five years’ imprisonment;
2. With a view to plundering, subjects a wounded, sick or shipwrecked person to violence that deteriorates their condition, is punished with ten to twenty years’ imprisonment.
Burundi, Military Penal Code, 1980, Article 50.
Canada
Canada’s National Defence Act (1985) provides: “Every person who … steals from, or with intent to steal searches, the person of any person … wounded, in the course of warlike operations, … is guilty of [an] offence.”
Canada, National Defence Act, 1985, Section 77(g).
Chad
Under Chad’s Code of Military Justice (1962), the taking of property from the wounded is a criminal offence.
Chad, Code of Military Justice, 1962, Article 62.
Chile
Chile’s Code of Military Justice (1925) provides that “anyone who plunders the clothing or other objects belonging to a wounded person … in order to appropriate them” commits a punishable offence against international law.
Chile, Code of Military Justice, 1925, Article 263.
Colombia
Colombia’s Penal Code (2000) imposes a sanction on “anyone who, during an armed conflict, despoils … a protected person”.
Colombia, Penal Code, 2000, Article 151.
Côte d’Ivoire
Côte d’Ivoire’s Penal Code (1981), as amended in 1998, provides for the punishment of “anyone who, in an area of military operations, plunders a wounded, sick [or] shipwrecked … person”.
Côte d’Ivoire, Penal Code, 1981, as amended in 1998, Article 465.
Croatia
Croatia’s Criminal Code (1997) provides that the “unlawful taking of the personal belongings of the … wounded on the battlefield” is a war crime.
Croatia, Criminal Code, 1997, Articles 162 and 165.
Croatia
Croatia’s Criminal Code (1997), as amended to 2006, provides that the “unlawful taking of the personal belongings of those … wounded on the battlefield” is a punishable offence.
Croatia, Criminal Code, 1997, as amended to 2006, Article 162(1).
The Criminal Code further provides that to “brutally treat the wounded [and] sick” is a punishable offence.
Croatia, Criminal Code, 1997, as amended to 2006, Article 165.
Cuba
Cuba’s Military Criminal Code (1979) punishes “anyone who, in areas of military operations, plunders for personal gain money or other belongings from wounded persons”.
Cuba, Military Criminal Code, 1979, Article 43(1).
Czech Republic
The Czech Republic’s Criminal Code (1961), as amended in 1999, punishes “whoever in a theatre of war, on the battlefield or in places affected by military operations, … seizes another person’s belongings, taking advantage of such person’s distress”.
Czech Republic, Criminal Code, 1961, as amended in 1999, Article 264(a).
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, Military Criminal Code, 1973, as amended in 1978, § 25(1).
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].
Denmark, Military Criminal Code, 2005, § 36(2).
Egypt
Under Egypt’s Penal Code (1937), stealing from enemy or friendly wounded on the battlefield is a punishable offence.
Egypt, Penal Code, 1937, Article 317(9).
Egypt
Egypt’s Military Criminal Code (1966) criminalizes the theft in zones of military operations of property belonging to wounded or sick whether friend or foe.
Egypt, Military Criminal Code, 1966, Article 136; see also Article 123.
El Salvador
El Salvador’s Code of Military Justice (1934) provides that “a soldier who plunders the clothes or other personal effects of a wounded person … in order to appropriate them” commits a punishable offence.
El Salvador, Code of Military Justice, 1934, Article 70.
Ethiopia
Under Ethiopia’s Penal Code (1957), “whosoever … lays hands on or does violence to a wounded [or] sick … enemy on the field of battle, with intent to rob or plunder him” commits a crime. The Code also provides for the punishment of the ill-treatment of the wounded and sick.
Ethiopia, Penal Code, 1957, Articles 287(c) and 291.
Ethiopia’s Criminal Code (2004) states:
Article 275.- Dereliction of Duty Towards the Enemy.
Whoever, in time of war and contrary to public international law and humanitarian conventions:
…
(c) lays hands on or does violence to a wounded [or] sick … enemy on the field of battle, with intent to rob or plunder him; or
(d) orders one of the above acts,
is punishable with rigorous imprisonment, or, in cases of exceptional gravity, with life imprisonment or death.
Ethiopia, Criminal Code, 2004, Article 275.
The Criminal Code of 2004 repealed Ethiopia’s Penal Code of 1957.
France
France’s Code of Military Justice (1982) provides for the punishment of “any individual, military or not, who, in the area of operation of a force or a unit, … plunders a wounded, sick [or] shipwrecked … person”.
France, Code of Military Justice, 1982, Article 428.
France
France’s Code of Military Justice (2006) states:
Pillage
The offence by any person, military or not, who, in the area of operation of a force or a unit:
1. Plunders a wounded, sick, shipwrecked or dead person, is punished with ten years’ imprisonment;
2. With a view to plundering, subjects a wounded, sick or shipwrecked person to violence that deteriorates their condition, is punished with life imprisonment.
France, Code of Military Justice, 2006, Article L. 322-6.
France
France’s Penal Code (1992), as amended in 2010, states in its section on war crimes common to both international and non-international armed conflicts: “Unless they are justified by military necessity, the following offences committed against a person protected by the law of armed conflict constitute … war crimes: … [s]tealing [or] extorting … objects”.
France, Penal Code, 1992, as amended in 2010, Article 461-16.
Gambia
The Gambia’s Armed Forces Act (1985) provides that “every person subject to this Act who … steals from or with intent to steal searches, the person of any person … wounded, in the course of war-like operations” commits a punishable offence.
Gambia, Armed Forces Act, 1985, Section 40(g).
Ghana
Ghana’s Armed Forces Act (1962) provides that “every person subject to the Code of Service Discipline who … steals from or with the intent to steal searches, the person of any person … wounded, in the course of warlike operations” commits a punishable offence.
Ghana, Armed Forces Act, 1962, Section 18(g).
Georgia
Under Georgia’s Criminal Code (1999), “pillage, i.e. seizure in a combat situation of things which are on … wounded”, is a crime.
Georgia, Criminal Code, 1999, Article 413(a).
Guinea
Guinea’s Criminal Code (1998) provides that “whoever, in an area of military operation, plunders a wounded, sick [or] shipwrecked person” commits a punishable offence.
Guinea, Criminal Code, 1998, Article 570.
Guinea
Guinea’s Code of Military Justice (2011) states:
Any person who despoils a wounded[,] sick [or] shipwrecked person in an area of military operations … shall be punished with 1 to 5 years’ imprisonment.
If the acts were accompanied by violence that has worsened the state of the wounded, shipwrecked or sick person, the sentence of imprisonment is 5 to 20 years.
Guinea, Code of Military Justice, 2011, Articles 112 and 149.
Hungary
Under Hungary’s Criminal Code (1978), as amended in 1998, “the person who loots the fallen, injured or sick on the battlefield” is guilty, upon conviction, of a war crime.
Hungary, Criminal Code, 1978, as amended in 1998, Section 161.
Indonesia
Under Indonesia’s Military Penal Code (1947), theft from sick or wounded members of the armed forces of parties to the conflict is a punishable offence.
Indonesia, Military Penal Code, 1947, Articles 140–143.
Iraq
Iraq’s Military Penal Code (1940) provides for the punishment of “every person who, with the intent to appropriate for himself or unjustifiably, takes money or other things … from the wounded while on the march or in hospital or during movements”.
Iraq, Military Penal Code, 1940, Article 115(a).
Iraq’s Military Penal Code (2007) also provides: “Whosoever, with the intent of unlawful possession, seizes monies or possessions of … the wounded while marching or in hospitals or during transport is punishable with imprisonment for (15) fifteen years.”
Iraq, Military Penal Code, 2007, Article 61(10).
The Military Penal Code further provides: “Whosoever deserts or harms a wounded person, whom he is entrusted to deliver to a defined location, is punishable with imprisonment for a minimum period of (2) two years.”
Iraq, Military Penal Code, 2007, Article 61(12).
Lastly, the Military Penal Code provides: “Whosoever harms or re-injures an injured person, with intent to seize his possessions, is punishable with life imprisonment.”
Iraq, Military Penal Code, 2007, Article 61(13).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 15 of the Geneva Convention I, Article 18 of the Geneva Convention II and Article 16 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Articles 4(2)(g) and 8, are punishable offences.
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Islamic Republic of Iran
The Islamic Republic of Iran’s Army Penal and Procedure Code (1939) states:
[A]nyone who robs an injured or ill … person within the domain of military-army operations will be sentenced to solitary imprisonment from two to 10 years. If she/he hurts the injured or ill military [person whilst] robbing him/her, she/he will be sentenced to capital punishment.
Islamic Republic of Iran, Army Penal and Procedure Code, 1939, Article 384.
Italy
Italy’s Wartime Military Penal Code (1941) provides for the punishment of anyone who ill-treats the wounded, sick and shipwrecked. It also provides that anyone who plunders a wounded, sick or shipwrecked person is guilty of a punishable offence.
Italy, Wartime Military Penal Code, 1941, Articles 192 and 193.
Kazakhstan
Under Kazakhstan’s Penal Code (1997), “theft of objects belonging to the … wounded on the battlefield (marauding)” is a crime.
Kazakhstan, Penal Code, 1997, Article 385.
Kenya
Under Kenya’s Armed Forces Act (1968), anyone who steals from the wounded commits a punishable offence.
Kenya, Armed Forces Act, 1968, Section 23.
Latvia
Latvia’s Criminal Code (1998) provides that the appropriation of property of the wounded on the battlefield is a war crime.
Latvia, Criminal Code, 1998, Section 76.
Lebanon
Under Lebanon’s Code of Military Justice (1968), pillage of the sick or the wounded by non-military persons in an “area of military operations” is a punishable offence.
Lebanon, Code of Military Justice, 1968, Article 132.
Lithuania
Under Lithuania’s Criminal Code (1961), as amended 1998, “an order to plunder or seize things from … wounded victims on the battlefield” is a war crime.
Lithuania, Criminal Code, 1961, as amended in 1998, Article 341.
Malaysia
Malaysia’s Armed Forces Act (1972) provides for the punishment of “every person subject to service law under this Act who … steals from, or with intent to steal searches, the person of anyone … wounded in the course of warlike operations”.
Malaysia, Armed Forces Act, 1972, Section 46(a).
Mali
Under Mali’s Code of Military Justice (1995), “anyone who plunders a wounded, sick [or] shipwrecked … person” commits a punishable offence.
Mali, Code of Military Justice, 1995, Article 134(1).
Mexico
Mexico’s Code of Military Justice (1933), as amended in 1996, provides penalties for persons who mistreat or otherwise cause physical or mental injuries to the wounded and sick.
Mexico, Code of Military Justice, 1933, as amended in 1996, Article 324.
Morocco
Morocco’s Military Justice Code (1956) states:
Any individual, military or not, who, in the area of operations of a military field unit:
- despoils a wounded, sick or dead soldier, is punished with imprisonment;
- applies against a wounded or sick soldier violent acts aggravating his condition, in order to despoil him, is punished by death;
- cruelly commits violent acts against a wounded or sick soldier who is not in a condition to defend himself, is punished with a fixed term sentence of hard labour.
The articles of the ordinary Criminal Code relative to intentional assault and battery, to murder and assassination, are applicable whenever, due to the circumstances, the punishments provided there are more severe than the punishments provided in the present article.
Morocco, Military Justice Code, 1956, Article 164.
Mozambique
Mozambique’s Military Criminal Law (1987) provides for the punishment of stealing valuables and objects from the wounded.
Mozambique, Military Criminal Law, 1987, Articles 83(b) and 85(d).
Netherlands
The Definition of War Crimes Decree (1946) of the Netherlands includes “ill-treatment of wounded” in its list of war crimes.
Netherlands, Definition of War Crimes Decree, 1946, Article 1.
Netherlands
Under the Military Criminal Code (1964), as amended in 1990, of the Netherlands, “theft from a … sick or wounded person, who belongs to one of the parties to the conflict,” is a criminal offence.
Netherlands, Military Criminal Code, 1964, as amended in 1990, Article 156.
New Zealand
New Zealand’s Armed Forces Discipline Act (1971) provides:
Every person subject to this Act commits the offence of looting, and is liable to imprisonment for life, who –
(a) Steals from, or with intent to steal searches, the person of anyone … wounded … in the course of any war or warlike operations in which New Zealand is engaged, or … injured … in the course of operations undertaken by any service of the Armed Forces for the preservation of law and order or otherwise in aid of the civil power.
New Zealand, Armed Forces Discipline Act, 1971, Section 31(a).
Nicaragua
Nicaragua’s Military Penal Law (1980) punishes “anyone who, in military operations, steals for personal gain money or other belongings of the wounded”.
Nicaragua, Military Penal Law, 1980, Article 81.
Nicaragua
Nicaragua’s Military Penal Code (1996) provides for the punishment of the soldier who, in the zone of operations, “despoils a … wounded, sick or shipwrecked person of their clothing or other personal effects”.
Nicaragua, Military Penal Code, 1996, Article 56(1).
Nigeria
Nigeria’s Armed Forces Act (1993), as amended in 1994, states:
A person subject to service law under this Act who-
(a) steals from, or with intent to steal, searches the body of a person … wounded … in the course of war-like operations, or … injured … in the course of [an] operation undertaken by any service of the Armed Forces for the preservation of law and order or otherwise in aid of the civil authorities; …
is guilty of looting and liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any less punishment provided by this Act.
Nigeria, Armed Forces Act, 1993, as amended in 1994, Article 51(a).
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.
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Paraguay
Paraguay’s Military Penal Code (1980) punishes “any soldier who has plundered another wounded soldier”.
Paraguay, Military Penal Code, 1980, Article 293.
Peru
Under Peru’s Code of Military Justice (1980), ill-treatment of a non-resisting wounded enemy constitutes a violation of the law of nations.
Peru, Code of Military Justice, 1980, Article 94.
Republic of Korea
Under the Republic of Korea’s Military Criminal Code (1962), “a person who takes the clothes and other property of the … wounded in the combat area” commits a punishable offence.
Republic of Korea, Military Criminal Code, 1962, Article 82.
Romania
Romania’s Penal Code (1968) criminalizes “robbing the … wounded on the battlefield of objects they possess”.
Romania, Penal Code, 1968, Article 350.
Singapore
Singapore’s Armed Forces Act (1972), as amended in 2000, provides for the punishment of every person subject to military law who
steals from or, with intent to steal, searches the person of anyone … wounded … in the course of warlike operations, or … injured … in the course of operations undertaken by the Singapore Armed Forces for the preservation of law and order or otherwise in aid of the civil authorities.
Singapore, Armed Forces Act, 1972, as amended in 2000, Section 18(a).
Slovakia
Slovakia’s Criminal Code (1961), as amended, punishes “whoever in a theatre of war, on [the] battlefield or in places affected by military operations, … seizes another person’s belongings, taking advantage of such person’s distress”.
Slovakia, Criminal Code, 1961, as amended, Article 264(a).
Slovenia
Under Slovenia’s Penal Code (1994), plundering or ordering the plunder of objects belonging to casualties on the battlefield constitutes a war crime.
Slovenia, Penal Code, 1994, Article 380(1).
Somalia
Somalia’s Military Criminal Code (1963) states:
376. Ill-treatment of the sick, wounded or shipwrecked. — 1. Anyone who ill-treats sick, wounded or shipwrecked persons, even if they are enemies, shall be punished by imprisonment for not less than five years.
2. If the ill-treatment is serious or if it involves torture, the prison term shall be not less than 10 years, and if the act is furthermore committed by a person responsible for transporting or assisting the sick, wounded or shipwrecked person, life imprisonment shall be applied.
3. If the act has led to the death of the sick, wounded or shipwrecked person, a penalty of death with demotion shall be applied.
377. Dispossession of the sick, wounded or shipwrecked. — 1. Anyone who dispossesses the sick, wounded or shipwrecked, even if they are enemies, or who steals money or other objects from them, shall be punished by imprisonment for 5 to 10 years.
2. If the act is committed with violence against the person, the prison term shall be not less than 10 years.
3. If the guilty party is responsible for transporting or assisting the sick, wounded or shipwrecked person, the following penalties shall apply:
(a) imprisonment for not less than 15 years, in the case provided for in paragraph 1;
(b) life imprisonment, in the case provided for in paragraph 2.
4. If the act has resulted in the death of the sick, wounded or shipwrecked person, a penalty of death with demotion shall be applied.
…
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.
Somalia, Military Criminal Code, 1963, Articles 376–377 and 382.
Spain
Under Spain’s Military Criminal Code (1985), the despoliation of wounded, sick or shipwrecked persons and appropriation of their personal belongings in a combat area is an offence against the laws and customs of war.
Spain, Military Criminal Code, 1985, Article 77(2).
Spain
Spain’s Penal Code (1995) provides for the punishment of anyone who during an armed conflict despoils the wounded, sick or shipwrecked and appropriates their personal belongings.
Spain, Penal Code, 1995, Article 612(7).
Spain
Spain’s Royal Ordinances for the Armed Forces (2009) states: “Whenever circumstances for the accomplishment of the mission and the security of the unit permit, [members of the armed forces] must take, without delay, all possible measures to … protect … [the wounded, sick and shipwrecked] against pillage and ill-treatment”.
Spain, Royal Ordinances for the Armed Forces, 2009, Article 108.
Switzerland
Switzerland’s Military Criminal Code (1927), as amended, punishes anyone who, on the battlefield, despoils and pillages the wounded and sick. It also provides for the punishment of anyone who uses violence against the wounded and sick.
Switzerland, Military Criminal Code, 1927, as amended, Articles 139–140.
Switzerland
Switzerland’s Military Criminal Code (1927), as amended in 2007, states: “Any person who, on the battlefield, has laid his or her hands on a … wounded or sick person with the intention to steal, is to be punished with a year imprisonment or less.”
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 139.
Syrian Arab Republic
The Syrian Arab Republic’s Military Penal Code (1950) provides:
Any military or non-military person having committed the following acts in a military combat zone shall be liable to:
A - Provisional arrest if he pillages a wounded [or a] sick … military person.
B - Capital punishment if he causes additional injury to a wounded [or a] sick … military person through the use of violence in order to pillage him.
Syrian Arab Republic, Military Penal Code, 1950, Article 132.
Tajikistan
Under Tajikistan’s Criminal Code (1998), pillage of wounded and sick in a combat zone is a crime in both international and non-international armed conflicts.
Tajikistan, Criminal Code, 1998, Article 405.
Thailand
Thailand’s Military Penal Code (1911) provides for the punishment of “merciless acts against the wounded or sick in the armed forces of any party to the conflict”.
Thailand, Military Penal Code, 1911, Section 48.
Togo
Togo’s Code of Military Justice (1981) punishes “any soldier who plunders a wounded, sick or shipwrecked person”.
Togo, Code of Military Justice, 1981, Article 95.
Trinidad and Tobago
Trinidad and Tobago’s Defence Act (1962), as amended in 1979, contains a section on “looting” which states: “Any person subject to military law who … steals from, or with intent to steal searches, the person of anyone … wounded in the course of warlike operations … is guilty of looting.”
Trinidad and Tobago, Defence Act, 1962, as amended in 1979, Section 40(a).
Turkey
Under Turkey’s Military Penal Code (1930), stealing from the wounded or sick on the battle-field is an offence punishable by imprisonment.
Turkey, Military Penal Code, 1930, § 127.
Uganda
Uganda’s National Resistance Army Statute (1992) provides: “A person subject to military law who … steals from or, with intent to steal, searches the person or any person … wounded in the course of war-like operations … commits an offence.”
Uganda, National Resistance Army Statute, 1992, Section 35(f).
Ukraine
Under Ukraine’s Criminal Code (2001), stealing the belongings of the wounded and sick on the battlefield or treating them cruelly constitutes a war crime.
Ukraine, Criminal Code, 2001, Articles 432 and 434.
United Kingdom of Great Britain and Northern Ireland
The UK Army Act (1955), as amended in 1971, provides:
Any person subject to military law who –
(a) steals from, or with intent to steal searches, the person of anyone … wounded … in the course of warlike operations, or … injured … in the course of operations undertaken by Her Majesty’s forces for the preservation of law and order or otherwise in aid of the civil authorities … shall be guilty of looting.
United Kingdom, Army Act, 1955, as amended in 1971, Section 30(a).
[emphasis in original]United Kingdom of Great Britain and Northern Ireland
The UK Air Force Act (1955), as amended in 1971, provides for the punishment of any person subject to air force law who:
steals from, or with intent to steal searches, the person of anyone … wounded … in the course of warlike operations, or … injured … in the course of operations undertaken by Her Majesty’s forces for the preservation of law and order or otherwise in aid of the civil authorities.
United Kingdom, Air Force Act, 1955, as amended in 1971, Section 30(a).
United Kingdom of Great Britain and Northern Ireland
The UK Armed Forces Act (2006) states:
4 Looting
(1) A person within subsection (4) commits an offence if, without lawful excuse –
(a) he takes any property from a person who has been killed, injured, captured or detained in the course of an action or operation of any of Her Majesty’s forces or of any force co-operating with them; or
(b) he searches such a person with the intention of taking property from him.
…
(4) A person is within this subsection if he is –
(a) a person subject to service law; or
(b) a civilian subject to service discipline.
United Kingdom, Armed Forces Act, 2006, Section 4.
Uruguay
Uruguay’s Military Penal Code (1943), as amended, punishes the “despoliation of the wounded … in combat”.
Uruguay, Military Penal Code, 1943, as amended, Article 58(10).
Venezuela
Under Venezuela’s Code of Military Justice (1998), as amended, it is a crime against international law to “plunder … the wounded and sick”.
Venezuela, Code of Military Justice, 1998, as amended, Article 474(11).
Viet Nam
Viet Nam’s Penal Code (1990) provides for the punishment of “any person who steals personal belongings from a wounded soldier”.
Viet Nam, Penal Code, 1990, Article 271(2).
Yemen
Under Yemen’s Military Criminal Code (1998), despoliation of the wounded or sick is a war crime.
Yemen, Military Criminal Code, 1998, Article 20.
Zambia
Zambia’s Defence Act (1964), as amended, provides: “Any person subject to military law under this Act who … steals from or with intent to steal searches the person of anyone … wounded in the course of warlike operations … shall be guilty of looting.”
Zambia, Defence Act, 1964, as amended, Section 35(a).
Zimbabwe
Zimbabwe’s Defence Act (1972), as amended to 1993, provides for the punishment of “any member [of the Defence Forces] who … steals from or with intent to steal searches the person of anyone … wounded in the course of warlike operations”.
Zimbabwe, Defence Act, 1972, as amended to 1993, First Schedule, Section 11(a).
No data.
Djibouti
In 2011, in the History and Geography Textbook for 9th Grade, Djibouti’s Ministry of National Education and Vocational Training, under the heading “Ethics of Debne warriors” [inhabitants of the Dikhil region in Djibouti], stated: “Avoid any humiliation of a wounded enemy … apart from taking from him … his gun, spear or ammunition.”
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 231.
Germany
According to German investigations following allegations of crimes committed against members of the armed forces in Crete in May 1941, it appeared that “wounded soldiers were robbed and deprived of parts of their clothing, primarily by the civilian population”.
Alfred M. de Zayas, The Wehrmacht War Crimes Bureau, 1939–1945, University of Nebraska Press, 1989, pp. 156–157.
Somalia
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
In order to ensure that the values of honour and nobility were maintained at all times, traditional Somali society evolved a strict code of conduct that clearly defined the categories of people and things that were not to be abused in any way during a war. This convention of war, acknowledged and respected by almost all Somali pastoral nomads, is commonly known as xeerka biri-ma-geydada, or the “spared from the spear” code.
…
The traditional Biri-ma-geydo code covered certain categories of people who, far from being killed or harmed, were supposed to be cared for and assisted at all times. Adherence to this code was specially enjoined during hostilities. Among the types of persons afforded protection by this code were … the sick.
Somalia, Spared from the Spear, 1998, p. 30.
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.
Somalia, Comments by the Transitional Federal Government of Somalia on the concluding observations of the Human Rights Council concerning the report of Somalia, submitted 21 September 2011, § 4.
Somalia
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include Article 4 providing guarantees to persons taking no active part in hostilities … due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions.
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 75.
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 8 of the 1977 Additional Protocol II.
Report on US Practice, 1997, Chapter 5.1.
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 Kingdom, Ministry of Defence, Closing Submissions to the Baha Mousa Public Inquiry on Modules 1–3, 25 June 2010, § 10.2, p. 10.
Yugoslavia, Socialist Federal Republic of
Order No. 579 issued in 1991 by the Chief of Staff of the Yugoslav People’s Army (YPA) provides that YPA units shall apply “all means to prevent any attempt of pillage [and] mistreatment of … the wounded and sick”.
Yugoslavia, Socialist Federal Republic of, Chief of General Staff of the YPA, Political Department, Order No. 579, 14 October 1991, § 2.
No data.
No data.
No data.
No data.
No data.
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: “Every possible measure shall be taken, without delay, … to protect [the wounded and sick] against pillage and ill-treatment.”
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 13, IRRC, No. 282, 1991, p. 335.
