GENEVA CONVENTION FOR THE AMELIORATION OF CONDITION OF THE WOUNBDED AND SICK IN THE ARMED

FORCES IN THE FIELD 12 AUGUST 1949 (GC I)

Karna ThapaFaculty of Law, T.U.

PROTECTED PERSONS UNDER THE CONVENTION

Wounded and sick belonging to the following categories are entitled to the protection under this convention;

1. Members of the armed forces of the party to the conflict as well as members of militias or volunteer corps forming part of such armed force the armed force

2. Members of other militias or volunteer corps including those of organized resistance movements, belonging to the party to the conflict and operating in or outside their territory, even if this territory is occupied, provided that such militia or volunteer corps including such organized resistance movements, fulfill the following conditions:

a. That of being commanded by a person responsible for his subordinates

b. That of having a fixed distinctive sign recognizable at a distance

c. That of carrying arms openlyd. That of conducting their operations in

accordance with the laws and customs of war

3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by Detaining Power.

4. Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for welfare of armed forces, provided that they have received authorization from the armed forces which they accompany.

5. Members of crews, including masters, pilots, and apprentices of the merchant marine and the crews of civil aircrafts of the parties to the conflict who do not benefit any more favourable treatment under any other provision in international law.

6. Inhabitants of non occupied territory who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

PROTECTION AND CARE

Members of armed forces and other persons mentioned in this convention, who are wounded, or sick shall be respected and protected in all circumstances.

“Wounded and sick” means, persons, whether military or civilian, who be cause of trauma, disease, or other physical or mental disorder or disability, are in need of the medical assistance or care or who refrain from any act of hostility. The terms also cover maternity cases, new born babies, and expectant mothers

They shall be treated humanely and cared for by the party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinion, or any other similar criteria

They shall not be murdered, exterminated, or subjected to torture or to biological experiments; they shall not willfully be left without medical assistance and care.

Only urgent medical reason will be authorized priority in the order of treatment to be administered.

Women shall be treated with all considerations due to their sex

PROTECTION OF MEDICAL UNITS, ESTABLISHMENTS AND PERSONNEL

Fixed establishment and mobile medical units in no circumstances be attacked and they shall be respected and protected by the parties to the conflict

In case of falling into power of the enemy of such medical establishment all personnel shall be free to pursue their duties

Medical personnel exclusively engaged in the search for, or the collection, transport, or the treatment of the wounded and sick or in the prevention of disease, staff exclusively in administration of medical units and establishments shall be respected and protected in all circumstances

The term Medical Personnel includes;1. Medical personnel of the party to the conflict

whether military or civilian 2. Medical personnel of National Red Cross Societies

and other voluntary aid societies duly recognized or authorized by the parties to the conflict

3. Medical personnel of the recognized societies of the neutral state or POWs who though not attached to medical services are physicians, surgeons, dentists, nurses or medical orderlies, required by detaining power to exercise their medical functions

Auxiliary personnel such as hospital soldiers, nurses or auxiliary stretcher- bearers, engaged in search, collection, transport or treatment of wounded and sick shall be respected and protected

Transport of wounded and sick or medical equipment shall be respected and protected

Medical aircraft exclusively employed for the removal of the wounded and sick and for the transport of medical personnel and equipments shall not be attacked

Medical aircrafts shall bear clearly marked the distinctive emblem prescribed in Art. 38 (Red Cross on the white ground)

CONDITIONS NOT DEPRIVING MEDICAL UNITS AND ESTABLISHMENT OF PROTECTION

That the Personnel of the medical units or establishment are armed, and that they use the arms in their own defense, or in that of wounded and sick in their charge

That in absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort

That small arms ammunitions taken from the wounded and sick and not yet handed to the proper service are found in the units or establishment

That the humanitarian activities of the medical units and establishment or of their personnel extend to the care of civilian wounded or sick

Recording & forwarding the information

Parties to the conflict shall record as soon as possible in respect of each wounded sick or dead person of the adverse party; these record shall include;

a. Designation of the power on which he dependsb. Army, regimental, personal or serial numberc. Surname

d. First name or namese. Date of birthf. Any other particulars shown in his identity

cards or disksg. Date and place of capture or deathh. Particulars concerning wounds or illness or

cause of death