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III- Protection of wounded and sick (GC I and II) -> same principles…
III- Protection of wounded and sick (GC I and II) -> same principles apply to NIACs
I- Who qualifies as wounded or sick ? -> no formal definition of wounded and sick
A- Persons entitled to POW status (ART 13 GC I)
Wounded and sick belonging to the following categories : regular and irregular AF, persons who accompany the armed forces, levée en masse
No definition of the notion of wounded or sick in GC I and II
B- Civilian population (ART 16 GC IV)
All civilian populations (not only protected persons)
No definition of the notion of wounded and sick persons in GC IV
C- Military and civilian persons (ART 8 A AP I)
All persons in need of medical assistance or care and
Person who refrain from any act of hostility (no need to show that the person is unwilling to combat) -> applies to both civilians and combatants, ensures that protection is functional not status-based
II- How are wounded and sick protected ?
1) Principle of impartiality (ART 12 & 13 GC I)
2) Obligation of respect and “passive” protection (ART 12 GC I)
Passive protection = once a person is wounded or sick and refrains from hostilities, they must not be attacked.
3) Active protection
Obligation to care (ART 12 GC I)
Obligation to search for and collect (ART 15 GC I)
Obligation to record and transmit information (ART 16 GC I and ART 122 & 123 GC I)
Obligation to evacuate (ART 19 GC III)
Humanitarian relief personnel and emblems
Organizations (eg Red Cross) providing medical care must be protected and respected + marked with recognized emblems (red cross, red crescent)
Misuse of protective emblems for military purposed is strictly prohibited and constitutes a war crime.
In conclusion, in both cases (civilian detention and care for the wounded), the law strikes a balance between military necessity and human dignity. Protections are functional, based on vulnerability and need, rather than political status or formal categories.