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7.5.2.5 Medical Attention Free of Charge. The Power detaining POWs shall bebound to provide free of charge for the medical attention required by POWs’ state of health. 1077.5.3 Abandonment of the Wounded or Sick on the Battlefield. In an extreme case,military forces in an international armed conflict may be compelled to abandon wounded or sickto the enemy. 108 The party to the conflict that is compelled to abandon wounded or sick to theenemy shall, as far as military considerations permit, leave with them a part of its medicalpersonnel and material to assist in their care. 109Unlike the obligations to provide humane treatment for the wounded and sick who are incustody, the obligation to provide medical personnel and material for the care of abandonedwounded or sick is a strong recommendation, rather than an absolute requirement. 110The party that encounters and captures the wounded and sick who have been abandonedby another party to the conflict is not relieved of its duties because the party that has abandonedwounded and sick personnel has not left medical personnel and material to assist in the care ofthose wounded and sick. 111 On the other hand, the party that encounters and captures thewounded and sick also is not relieved of its duties when the party that has abandoned woundedand sick personnel has left medical personnel and material to assist in the care of those woundedand sick. 112refuse surgery necessary to save his own life in order to make a political point or because of ignorance or mentalincompetence.”).107 GPW art. 15 (“The Power detaining prisoners of war shall be bound to provide free of charge for theirmaintenance and for the medical attention required by their state of health.”).108 For example, STEPHEN BADSEY, ARNHEM 1944: OPERATION ‘MARKET GARDEN’ 85 (1993) (“At Arnhem itself,10,300 men of 1st British Airborne Division and 1st Polish Parachute Brigade landed from air. Some 2,587 menescaped across the Rhine in Operation ‘Berlin’ (1,741 of 1st British Airborne, 422 of the Gilder Pilot Regiment, 160Poles and 75 from the Dorsetshire Regiment), and 240 more returned later with the aid of the PAN. About 1,600wounded were left behind in the Oosterbeek pocket, together with 204 medical officers and chaplains whovolunteered to stay. The Germans claimed 6,450 prisoners taken, wounded or not, and 1st British Airbornetherefore lost about 1,300 killed.”).109 GWS art. 12 (“The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as faras military considerations permit, leave with them a part of its medical personnel and material to assist in theircare.”).110 GWS COMMENTARY 142 (“If this provision [paragraph 5 of Article 12 of the GWS] cannot, therefore, beconsidered imperative, it represents none the less a clear moral obligation which the responsible authority cannotevade except in cases of urgent necessity. … Paragraph 2 [of Article 12 of the GWS] imposes an absolute obligationto which there are no exceptions; paragraph 5 is a recommendation, but an urgent and forcible one.”).111 GWS COMMENTARY 142 (“It should, moreover, be noted that this provision is in no way bound up with theobligation, imposed upon the Parties to the conflict by paragraph 2, to care for the wounded. A belligerent can neverrefuse to care for enemy wounded he has picked up, on the pretext that his adversary has abandoned them withoutmedical personnel and equipment. On the contrary, he is bound to give to them the same care as he gives thewounded of his own army.”).112 Refer to § 7.9.6 (No Relief of Obligations of the Detaining Power).427

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