10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

to proximity to military operations, they need not be considered as incidental harm in assessingproportionality in conducting attacks. 577.3.3.2 Search and Other Security Measures Not Prohibited. The wounded, sick,and shipwrecked are not immune from search or other necessary security measures by theenemy. 58 Searches of the wounded, sick, and shipwrecked, and other security measures appliedto them, should be consistent with those applicable to other POWs. 597.3.3.3 Capture of Wounded, Sick, and Shipwrecked Not Prohibited. The respectand protection afforded the wounded, sick, and shipwrecked do not immunize them fromdetention. 60 When they fall into enemy hands, they are POWs. 61It is not prohibited to capture the wounded and sick, even if they are in the care ofmilitary medical units or facilities, or civilian hospitals. 62 However, upon taking custody, theDetaining Power is required to ensure that they continue to receive the necessary medical care. 63All warships of a belligerent party shall have the right to demand that the wounded, sick,or shipwrecked on board military hospital ships, and hospital ships belonging to relief societiesor to private individuals, as well as merchant vessels, yachts, and other craft shall be surrendered,whatever their nationality, provided that the wounded and sick are in a fit state to be moved andthat the warship can provide adequate facilities for necessary medical treatment. 64In cases of capture at sea, the captor may decide, according to circumstances, whether itis expedient to hold the wounded, sick, or shipwrecked, or to convey them to a port in the57 Refer to § 5.12.3.2 (Harm to Certain Individuals Who May Be Employed In or On Military Objectives). Compare§ 7.12.2.5 (Acceptance of the Risk From Proximity to Combat Operations).58 Refer to § 7.10.1.2 (Search Not Prohibited).59 Refer to § 9.6 (Security Measures With Respect to POWs).60 Refer to § 7.9 (Captured Medical and Religious Personnel).61 Refer to § 7.3.2 (Persons Entitled to Protection as Wounded, Sick, or Shipwrecked Under the GWS and GWS-Sea).62 For example, J.C. Massop, Hospital Ships in the Second World War, 24 BRITISH YEAR BOOK OF INTERNATIONALLAW 398, 405 (1947) (“In 1944 and 1945 the Germans decided to pass the hospital ships Tübingen and Gradiscathrough the Allied patrol lines in the Adriatic to embark sick and wounded in Salonica. In accordance with therequirements of the Convention the ships were allowed to pass on the outward voyage, but they were diverted toAllied ports on the homeward trip and some 4,000 prisoners were made: a high percentage were only slightlywounded and the great majority were considered likely to be fit for active service within twelve months. This actionbrought forth no protest from the German Government, who considered it justified by the terms of theConvention.”).63 Refer to § 7.5 (Humane Treatment and Care of Enemy Military Wounded, Sick, and Shipwrecked in the Power ofa Party to the Conflict).64 GWS-SEA art. 14 (“All warships of a belligerent Party shall have the right to demand that the wounded, sick orshipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to privateindividuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality,provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilitiesfor necessary medical treatment.”).419

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!