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These categories are the same categories of persons to whom the GPW affords POWstatus if they fall into the hands of the enemy during international armed conflict. 52 Thus, theGWS and GWS-Sea recognize that such persons who fall into enemy hands during internationalarmed conflict shall be POWs, and the provisions of international law concerning POWs (such asthe GPW) shall also apply to them. 53The categories of persons entitled to POW status under the GPW and protection aswounded, sick, and shipwrecked under the GWS and GWS-Sea were drafted to be the same, butthe GWS or GWS-Sea do not refer specifically to Article 4 of the GPW so that the GWS andGWS-Sea could operate as stand-alone legal instruments if a State ratified either the GWS or theGWS-Sea, but not the GPW. 54Civilians who are wounded and sick are protected under the GC. 557.3.3 Meaning of “Respect and Protection” of the Wounded, Sick, and Shipwrecked. Thewounded, sick, and shipwrecked must be respected and protected at all times. This means thatthey should not be knowingly attacked, fired upon, or unnecessarily interfered with. 567.3.3.1 Incidental Harm Not Prohibited. The respect and protection due to thewounded, sick, and shipwrecked do not cover incidental damage or casualties due to proximity tomilitary objectives or to a justifiable mistake. Because combatants who are wounded, sick, orshipwrecked on the battlefield are deemed to have accepted the risk of death or further injury due52 Refer to § 9.3.2 (Persons Entitled to POW Status).53 GWS art. 14 (“Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemyhands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply tothem.”); GWS-SEA art. 16 (“Subject to the provisions of Article 12, the wounded, sick and shipwrecked of abelligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerningprisoners of war shall apply to them.”).54 GWS COMMENTARY 144-45 (“When the Diplomatic Conference set out to define the categories of persons, towhom, on their being wounded or falling sick, the First Geneva Convention was to apply, it noted that the categoriesin question were precisely those which were entitled, on falling into the enemy’s hands, to be treated as prisoners ofwar. The Conference was thus logically led to refer to the contents of Article 4 of the Third Convention. Therewere two ways of doing this in practice. It was possible merely to refer to the Article in question, or alternatively torepeat its substance in the First Convention. The second of these solutions was the one adopted, in accordance withthe general principle, to which the Conference adhered wherever possible, of endeavouring to make each of the fourGeneva Conventions an independent diplomatic instrument. The course thus adopted also covered the possible caseof a Power being a party to the First Convention without having ratified the Third.”). Refer to § 19.16.1 (CommonProvisions in the 1949 Geneva Conventions).55 Refer to § 7.16 (Protection of Civilians Who Are Wounded, Sick, Infirm, or Expectant Mothers).56 Cf. APPENDIX TO 1985 CJCS MEMO ON AP I 5-6 (“Articles 10, 12, and 15 [of AP I] then extend the provisions ofthe First and Second Geneva Conventions of 1949 to civilian sick, wounded, and shipwrecked and to civilianmedical personnel and units and associated civilian religious personnel, all of whom would be ‘respected andprotected’ by the parties to the conflict, the sick and wounded to receive required care ‘to the fullest extentpracticable.’ As used in the Protocol [I to the 1949 Geneva Conventions], the term ‘respected and protected’ meansthat an activity should not be knowingly attacked, fired upon, or unnecessarily interfered with; it does not coveraccidental damage or casualties due to proximity to military objectives or to a justifiable mistake in identifying theactivity.”). Compare § 7.8.2 (Meaning of “Respect and Protection” of Medical and Religious Personnel).418

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