Practice Relating to Rule 111. Protection of the Wounded, Sick and Shipwrecked against Pillage and Ill-Treatment
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.”
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.
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.
In its chapter on peace operations, the manual states that “wounded, sick and medical personnel should always be protected and humanely treated”.
The Definition of War Crimes Decree (1946) of the Netherlands includes “ill-treatment of wounded” in its list of war crimes.
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.