Where is R2P grounded in international law? Anne-Marie Judson A ...

are protected under this convention. This includes members of the armed forces who
have laid down their arms and those placed under hors de combat by sickness or
detention. No distinction to race, religion, faith, sex, birth or wealth will apply. The
following is a list of prohibitions that remain in force at any time and in any place:
violence to life and person, including murder, mutilation, cruel treatment and torture,
taking of hostages, outrages on personal dignity including humiliating and degrading
treatment and the passing of sentences and carrying out executions without previous
judgment by a court affording judicial guarantees. 232 With regard to medical care
those protected are entitled to medical assistance and care and any attempts on their
lives is strictly prohibited. Exposing the protected to conditions that may inflict
contagion or infection is also prohibited. The wounded and the sick fall into the
following categories: members of the armed forces of a party to the conflict and
members of militias or volunteer corps forming part of the armed forces; members of
other militias and members of other volunteer corps including those of organized
resistance operating inside or outside of their own territory even when the territory is
occupied. Such movements must follow these conditions: they must be commanded
by a person responsible for the subordinates, have a distinctive sign recognizable at a
distance, must be carrying arms openly and conducting operations in accordance with
the laws and customs of war. This also includes members of the armed forces who
profess allegiance to a government, or persons who accompany the armed forces such
as civil members of military aircraft crews, war correspondents, supply contractors,
members of labour units or services responsible for the welfare of the armed services,
as well as masters, pilots and apprentices of the marine or civil aircraft groups. Lastly
this also covers inhabitants of the non-occupied territories who spontaneously take up
arms to resist invasion, provided they carry the arms openly and respect the laws and
the customs of war. 233 A belligerent who falls into the hands of an enemy also
becomes a prisoner of war and as such, is protected by international law.
Other war crimes under this Convention include the failure to search, rescue and
collect the wounded and sick to protect them against pillage and ill treatment, and
failure to ensure adequate care. 234 It is a war crime not to record information from
232 Articles 2 to 7 pages 1 and 2
233 Chapter ii, articles 9, 10, 11, and 12, pages 2 to 3
234 Articles 15 and 16
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