Protection and Care of Wounded, Sick and Shipwrecked in Armed Conflict at Sea

Protection and Care of Wounded, Sick and Shipwrecked in Armed Conflict at Sea

Karna Thapa Faculty of Law , T.U. Geneva Convention for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed forces at Sea of August 12, 1949

Geneva Convention IIProtection and Care of wounded, sick and Shipwrecked

Basic TerminologiesWounded and sickPerson whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are indeed of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new born babies and other person who are in need of medical assistance or care, such as expectant mothers.Shipwrecked means, persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them and who refrain from any act of hostility. These person, provided that they continue to refrain to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the conventions or the protocol.

Protection and Care of wounded, sick and ShipwreckedMembers of armed forces, who are at sea and are wounded sick and shipwrecked shall in all circumstances be respected and protected.

Party in whose power the wounded sick and shipwrecked are should provide human treatment without adverse distinction based on race, religion, sex, nationality, political opinion and any other similar criteria.

Murder and prohibition is restrictedTorture and Biological experiments is strictly prohibitedWounded and sick should not be left without medical assistance and care (Art. 12, GC II)

Handing over of wounded and sick to belligerent

Warship of the belligerent state may have the right to demand that the wounded sick and shipwrecked on board military hospital ship and hospital ship belonging to relief societies or to private individuals as well as merchant ship, yatch and other crafts shall be surrendered.

Provided that wounded and sick are in a fit state to be moved and warship can, provide adequate facilities for necessary medical treatment (Art.14)Protection of wounded and sick falling into enemy hands

Wounded and sick who fall into the hands of belligerent shall be entitled to POW statusProvisions of International Law concerning the POWs shall be applied to detaineesCaptor has the option either to convey them to the port of neutral state or even to the territory of the enemy state. But POWs returned to their home country may not serve during war.

Search for Casualties

Parties to the conflict shall have to take possible measures;To search for and collect wounded, sick and shipwreckedTo protect them against pillage and ill treatmentTo ensure them adequate careTo search for dead and prevent their despoiled

Obligation for Recording and forwarding information

Parties to the conflict shall have to manage for recording of wounded sick and shipwrecked or dead person of adverse party falling into hands. Such record if possible should include;

Designation of the power on which he dependsArmy, regimental, personnel and serial numberSurnameFirst name or namesDate of birthOther particulars shown on his identity cards or discDate and place of capture or deathParticulars concerning wounds or illness and cause of death

Things to be transmitted by the parties to the conflict

Death certificatesDuly authorized list of deadIdentity discLast wills MoneyAll articles of intrinsic or sentimental value

Protection of Military hospital ships

Hospital ships

Hospital ships

Hospital ships built or equipped specially to assist the wounded sick and shipwrecked to treat and transport shall in no circumstances be attacked or capturedProtection of medical establishment ashoreEstablishment ashore shall be protected from bombardment or attack from the sea

Protection of hospital ship utilized by relief societies or private individuals of parties to the conflict

Followings are entitled to protection similar Asto the military hospital ship;Hospital ship of Red Cross SocietyHospital ship of National Red Cross SocietyPrivate IndividualsRelief Society

Neutral Countries

Hospital ships as follows shall have the same protection as the military hospital ship and shall be exempted from capture.Hospital ship utilized by National Red Cross SocietyHospital ship utilized by officially recognized relief society, private persons of neutral country

Coastal Rescue Crafts

Small crafts employed by the states or by officially life boat institutions for coastal rescue operations shall also be protected and respectedHospital Ships in occupied port Hospital ship in occupied port shall be authorized to leave

Protection of personnel of hospital ships

Religious, medical and personnel of hospital ship and their crews shall be respected and, protected. They may not be captured during the time of service of hospital ship (Art. 36)

Protection of medical and religious personnel of other ships

Religious, medical and hospital personnel assigned to the medical and spiritual care if fall into the hands of enemy, be respected and protected. They may continue to carry out their duties as long as this is necessary for the care of wounded and sick. They will send back as soon as the commander- in-chief under whose authority they are considers it practical.

Protection of medical transportShipsShips chartered for the purpose of transporting the medical equipments shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick member of the armed forces or for the prevention of the disease.Provided that the particulars regarding their voyage have been notified to the adverse power and approved by the letter.

Aircrafts

Medical aircrafts

Aircrafts exclusively employed for the removal of the wounded, sick and shipwrecked and for the transport of medical personnel and equipment, may not be object of attack, but shall be respected by the parties to the conflict, while flying at the height at times and on routs specifically agreed upon between the parties to the conflict

Protection of distinctive Emblem

Under the direction of the competent military authority, emblem of Red Cross on white ground shall be displayed on the flag, armlet and all equipments employed in the medical service.In the case of the countries which already use as emblem, in the place of Red Cross, the Red Crescent or the red lion and sun on a white ground, these are also recognized by the terms of the present convention

Identification of medical and religious personnel

Personnel assigned for the medical duty shall wear, affixed to left arm, a water resistance armlet bearing the distinctive emblem issued and stamped by the military authority

Such personnel shall carry a special identity card bearing the distinctive emblem. The card shall be water resistant and of such size it can be carried in the pocket. The card shall at least mention surname, and first name, the date of birth, rank and service number of the bearer and shall state in what capacity he is entitled to protection of the present convention.

The identity card shall bear the photograph of the owner and also his signature or fingerprint orboth.It shall be embossed with the stamp of military authority.

Marking of the hospital ship and small crafts

All exterior surfaces shall be whiteOne or more dark red crosses as large as possible, shall be painted and displayed on each side of the hull and on the horizontal surfaces so placed as t o afford the greatest possible visibility from the sea and from the air.

All hospital ship to be identified shall hoist their national flag. If they belong to neutral state the flag of the party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible.Life boats of hospital ship, coastal life boats and all crafts used by the medical service shall be painted white with dark Red Cross prominently displayed.

Right to control and search

Parties to the conflict shall have the right to control and search of the medical ships and vessels employed in the medical services.Parties to the conflict may refuse assistanceOrder them offControl the use of their wireless and other means of communication Detain them for the period of not exceeding 7 days

Discontinuation of the protection

Protection of such hospital ship shall no cease unless they are used to commit acts harmful to the enemy outside their humanitarian task

San Remo Manual on international lawapplicable in the armed conflict at sea of 1994

The manual prepared during 1988-1994. Prepared by a group of legal and naval expertManual aims at providing contemporary restatement of international law applicable to armed conflict at seaIn particular law of armed conflict at sea has not been developed similar as to the law of armed conflict on land with the conclusion of protocol ISome of the provision of protocol I address the conflict at sea but is not sufficientII Geneva convention incorporates essentially limited provision concerning the protection of wounded sick and shipwrecked at sea.ICRC supported the this project throughout.The manual basically provides for the following provisions;

Basic rule and target discrimination

No unlimited right to choose the methods and means of war fare.Distinction between combatant and civilians or other protected persons, civilian and military objectivesSo far the objective is concerned, military objects are limited to those objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantages.

Attack shall be limited strictly to military objects. Merchant vessel and civil aircrafts are civilian objects unless they;Are believed on reasonable ground to be carrying contraband or breaching blocked, after prior warning they intentionally and clearly refuse to stop, or intentionally and clearly resist visit search or capture

Engage in belligerent acts on behalf of the enemyAct as auxiliary to the enemys armed forceAre incorporated into or assist the enemys intelligence systemSail under convoy of enemy warships or military aircraft or Otherwise making an effective contribution to the enemys military actions, e. g carrying military forces

Enemy vessels and aircrafts exempt from the attack

The following classes of enemy vessels are exempt from the attack;Hospital shipsSmall crafts used for coastal rescue operation and other medical transports

Vessel granted safe conduct by agreement between belligerent parties including:Cartel vessels e.g. vessel engaged in the transport of POWsVessel engaged in humanitarian mission e.g. carrying supplies indispensable for the survival of civilian population and vessel engaged in relief action and rescue operation

Vessel engaged in transportation of cultural property under special protectionPassenger vessel when engaged only in carrying civilian passengersVessel charged with religious, non-military scientific or philanthropic mission.Small coastal fishing vessel and small boats engaged in local coastal trade, but they are subject to the regulation of a belligerent naval commander operating in the area and to inspection

Vessels designed and adapted exclusively for responding to pollution incidents in the marine environmentVessel which have surrenderedLife rafts and life boats

Conditions of exemption

Vessels listed above are exempt from the attack only if they:Are innocently employed in their normal roleSubmit to identification and inspection when required; and Do not intentionally hamper the movement of combatants and obey orders to stop or move out of the way when required