Protection of the wounded, sick and

shipwrecked
International Humanitarian Law

**R. K-Segawa and P.M.Nduru

Protection of the wounded, sick and shipwrecked
 One of the fundamental principles of IHL is the
notion that those hors de combat – persons who
do not or no longer take active part in the
hostilities - are to be protected from the ‘horrors
of war’.
 Protection of those hors de combat requires that
the personnel and equipment needed to care for
and protect them are also respected and protected
Protection of the wounded, sick and
shipwrecked: Origins
 The fundamental principle of the First Geneva
Convention was the idea of the ‘neutrality of
wounded soldiers and all those looking after
them.’
The Convention was specifically aimed at
protecting ambulances, hospitals and all relevant
personnel including civilians assisting in relief
efforts from being objects of attack.
Protection of the wounded, sick and
shipwrecked: Origins
 The Convention laid down the principle that
‘wounded or sick combatants, to whatever nation
they may belong, shall be collected and cared for.’

See Article 6 of the Convention for the Amelioration

of the Condition of the Wounded in Armies in the
Field
Protection of the wounded, sick and
shipwrecked in International armed conflict

Under IHL, parties to the conflict are obliged to

respect and care for the wounded, sick and
shipwrecked.

Article 12 of Geneva Convention 1 states that

‘members of armed forces and other persons’ who
are protected under the Conventions:
Who is wounded, sick and shipwrecked?
 Article 8 of Additional Protocol 1 defines the
wounded and sick as:
…persons, whether military or civilian, who, because of
trauma, disease or other physical or mental disorder or
disability, are in need of medical assistance or care and
who refrain from any act of hostility….also cover
maternity cases, new-born babies and other persons
who may be in need of immediate assistance or care,
such as the infirm or expectant mothers, and who refrain
from any act of hostility.
Who is wounded, sick and shipwrecked?
 Article 8 of Additional Protocol 1 defines the ship
wrecked as:
…persons, whether military or civilian, who are in
peril at sea or in other waters as a result of
misfortune affecting them or the vessel or aircraft
carrying them and who refrain from any act of
hostility.
** The fact of falling or laying down of arms constitutes the claim to protection
coupled with sickness or wounding
Protection of the wounded, sick and shipwrecked in
non-international armed conflict
Additional Protocol II, Article 7 also provides that:
1) All the wounded, sick and shipwrecked, whether or
not they have taken part in the armed conflict shall be
respected and protected
2) In all circumstances they shall be treated humanely
and shall receive to the fullest extent practicable and
with the least possible delay, the medical care and
attention required by their condition. There shall be
no distinction among them founded on any grounds
other than medical ones.
The protective emblems: the Red Cross, Red
Crescent and Red crystal

The Geneva Conventions provide for three

emblems:
a) the red cross
b) the red crescent,
c) and the red lion and sun*
*The last one is no longer in use.
*** Red Shield of David