Persons, whether military or civilian, who because of trauma, disease or other physical or mental disorder or disability are in need of medical care and who refrain from any act of hostility. For the purposes of protection, these terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility. They must be respected and protected in accordance with international humanitarian law. The general principle governing treatment of the wounded and sick of any party to the conflict is that they must be treated humanely and given, to the fullest extent practicable and with the least possible delay, the medical care required by their condition. There must be no distinction among them founded on any grounds other than medical ones. See Shipwrecked;
OUTLINE
LEGAL SOURCE
GCI, 12 (see ICRC updated Commentary) 18 (see ICRC updated Commentary)
GCII, 12 (see ICRC updated Commentary) 21 (see ICRC updated Commentary)
CASES
Colombia, Response of armed groups to COVID-19
Israel, The Rafah Case (Paras. 40-44.)
ICRC/Lebanon, Sabra and Chatila
Iraq, Care for Wounded Enemies
Armed Conflicts in the former Yugoslavia (Para. 3)
Afghanistan, Separate Hospital Treatment for Men and Women
Bosnia and Herzegovina, Constitution of Safe Areas in 1992-1993
Gaza: Health situation in the Gaza Strip
Yemen, Obstructing Medical Care
South Sudan: Medical Care Under Fire
Health Care in Pakistan’s Tribal Areas
Democratic Republic of Congo, Fighting with the M 23 Group
Syrian Statement at the UN on the Medical Treatment of Enemy Fighters
UN, Report of the Secretary-General for the World Humanitarian Summit
Afghanistan, Attack on Kunduz Trauma Centre
Sri Lanka, Naval War against Tamil Tigers
Israel/Palestine, Accountability for the Use of Lethal Force
BILIOGRAPHIC RESOURCES
Suggested reading:
SOLF Waldemar A., “Development of the Protection of the Wounded, Sick and Shipwrecked under the Protocols Additional to the 1949 Geneva Conventions”, in Studies and Essays on International Humanitarian Law and Red Cross Principles in Honour of Jean Pictet, Geneva/The Hague, ICRC/M. Nijhoff, 1984, pp. 237-248