WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949
BY:
Advocate Azhar Ali Mallah
Lecturer: SMIL Jamshoro Article 1: Respect for the Convention
• The High Contracting Parties undertake to respect and ensure
respect for the present Convention in all circumstances. ARTICLE 2 : Application of the Convention • The present Convention shall apply to all cases of:
• Declared war/armed conflict which may arise
between two or more States. • Partial or total occupation of the territory of State. ARTICLE: 3 : Co n flicts n ot o f an in ternatio n al ch aracter
Article 3: Co nflicts not o f a n Interna tiona l Cha ra cter
• Article 3 applies to armed conflicts not of an international nature and
provides a minimum standard of treatment for all persons captured, wounded, or sick. • Article 3 protects those who are not taking part in hostilities, including civilians and combatants who have laid down their arms. • Article 3 requires that all persons under its protection be treated humanely and without discrimination. • It prohibits any form of violence, including murder, mutilation, cruel treatment, and torture. It also forbids acts like taking hostages, subjecting individuals to humiliation and degrading treatment, and carrying out executions without a fair trial by a competent court. • It reflects the principles of humanity, dignity, and non-discrimination. ARTICLE 4: Application by neutral Powers • Article 4 of the First Geneva Convention mandates that neutral powers should apply the provisions of the Convention, in a same manner, to the wounded, sick, medical personnel, chaplains, and dead persons who are received or interned within their territory. This helps ensure that even in neutral territories, individuals involved in armed conflicts receive appropriate care, protection, and respect for their dignity. • "Neutral powers" refer to countries or states that choose to remain impartial and not take sides in an armed conflict between other parties. These countries are not directly involved in the conflict and maintain a position of neutrality. Article 8: Protecting Powers • The application of the Convention is done in cooperation and under the scrutiny of the protecting powers. • The Main responsibility of the protecting powers is to safeguard the interests of the parties to the conflict. • They can appoint delegates, who may be their own nationals or nationals of other neutral powers. • These delegates must receive approval from the power with which they will be working. • The role of protecting powers is to act as intermediaries between the parties to the conflict and ensure the proper implementation of the Geneva Convention provisions. • There role is to monitor compliance and violations of Convention. Article 10: Activities of the International Committee of the Red Cross
• This Article recognize the right of ICRC to assist
the wounded and sick. Red cross and red crescent national societies other impartial authorized relief organization may also provide humanitarian assistance. • With consent of the Parties to the conflict Article 10: Substitutes for Protecting Powers
• If no Protecting Power has been appointed, or
if the appointed Power is unable to carry out its duties, the ICRC shall, if possible, offer its services. Article 12: Protection and care
• The wounded and Sick shall be respected and
protected without, discrimination on the basis of sex, race, Nationality, religion, political, or other criteria. • The wounded and sick shall be not be murdered, exterminated or subjected to torture or biological experiments. ARTICLE 13: Protected persons
• Following are Protected persons :
• Members of the armed forces and other persons who are wounded or sick shall be respected and protected 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.“ • This article primarily aims to ensure the humane treatment and protection of those individuals who are wounded, sick, or shipwrecked during an armed conflict. It applies to members of the armed forces of a party to the conflict, as well as to other persons who are not taking part in the hostilities, such as civilians, medical personnel, and chaplains. Article 15: Search for casualties. Evacuation • Parties to the conflict after an engagement shall, • search for and collect the wounded and sick, to protect them against pillage and ill-treatment. • The wounded and sick shall receive adequate care. • Agreements may be concluded between Parties for the removal or exchange of wounded and sick from field. • and for the passage of medical and religious personnel and equipment Article 16:Recording and forwarding of information • All Parties to the conflict must ensure search and collect the sick and wounded after battle. • Provide the information to the Information Bureau which shall transmit this information to Central Prisoners of War Agency/protection agency of the international committee of red cross.