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17.14 PROTECTION OF THE WOUNDED, SICK, SHIPWRECKED, AND DEAD IN NIAC17.14.1 Respect, Protection, Humane Treatment, and Medical Care of the Wounded,Sick, and Shipwrecked. All the wounded, sick, and shipwrecked, whether or not they have takenpart in the armed conflict, shall be respected and protected. 16817.14.1.1 Types of Persons Who Are Considered Wounded, Sick, andShipwrecked in NIAC. The wounded, sick, and shipwrecked in non-international armed conflictmay be understood to include:• persons who have been rendered unconscious or otherwise have been incapacitatedbecause of their wounds, sickness, or shipwreck; 169• persons who have surrendered as a consequence of their health; and 170• persons who have been shipwrecked (i.e., helpless persons in distress at sea or strandedon the coast) from any cause, including forced landings at sea by or from aircraft. 171Of course, any person who commits hostile acts or attempts to evade capture forfeitsprotection as someone who is placed hors de combat. 17217.14.1.2 Meaning of “Respect and Protection” of the Wounded, Sick, andShipwrecked. The wounded, sick, and shipwrecked must be respected and protected at all times.This means that they should not be knowingly attacked, fired upon, or unnecessarily interferedwith. 173 Certain persons, however, are deemed to have accepted the risk of harm due to deliberateproximity to military objectives; thus, expected incidental harm to such persons would beunderstood not to prohibit attacks under the proportionality rule, even if such persons becomewounded, sick, or shipwrecked. 174168 Consider AP II art. 7(1) (“All the wounded, sick and shipwrecked, whether or not they have taken part in thearmed conflict, shall be respected and protected.”).169 Refer to § 5.10.4 (Persons Rendered Unconscious or Otherwise Incapacitated by Wounds, Sickness, orShipwreck).170 Refer to § 5.10.3 (Persons Who Have Surrendered).171 Compare § 7.3.1.2 (Shipwrecked).172 Refer to § 5.10 (Persons Placed Hors de Combat).173 Compare § 7.3.3 (Meaning of “Respect and Protection” of the Wounded, Sick, and Shipwrecked).174 Compare § 5.12.3.2 (Harm to Certain Individuals Who May Be Employed In or On Military Objectives);§ 7.12.2.5 (Acceptance of the Risk From Proximity to Combat Operations).1042

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