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8.8 MEDICAL ATTENTIONWounded and sick detainees shall be cared for. 67 They should receive the medical careand attention required by their condition. 68 Medical or biological experiments on detainees areprohibited. 698.8.1 Consent. Medical care should, wherever possible, be undertaken with the consentof the wounded or sick detainee. 70 However, medical actions to preserve the health of thedetainee may be justified even where the detainee refuses to provide consent. 71 For example, itis not prohibited to administer vaccinations to detainees in order to preserve their health and toprevent epidemics. Similarly, it is not prohibited to order detainees to be fed, if they undertake ahunger strike. 728.8.2 Blood Donation and Skin Grafting. Detainees may voluntarily consent to giveblood for transfusion or skin for grafting for therapeutic purposes; such procedures should take66 Consider AP II art. 5(2) (“Except when men and women of a family are accommodated together, women shall beheld in quarters separated from those of men and shall be under the immediate supervision of women;”); AP I art.75(5) (“Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quartersseparated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in caseswhere families are detained or interned, they shall, whenever possible, be held in the same place and accommodatedas family units.”).67 GWS art. 3 (“The wounded and sick shall be collected and cared for.”); GWS-SEA art. 3 (same); GPW art. 3(same); GC art. 3 (same). Compare § 7.5 (Humane Treatment and Care of Enemy Military Wounded, Sick, andShipwrecked in the Power of a Party to the Conflict); § 7.16 (Protection of Civilians Who Are Wounded, Sick,Infirm, or Expectant Mothers).68 See, e.g., Copenhagen Process: Principles and Guidelines 9 (“Wounded and sick detainees are to receive themedical care and attention required by their condition.”).69 Refer to § 8.2.3 (Prohibition Against Biological or Medical Experiments).70 For example, DOD INSTRUCTION 2310.08E, Medical Program Support for Detainee Operations, 4.7 (Jun. 6,2006) (“In general, health care will be provided with the consent of the detainee. To the extent practicable,standards and procedures for obtaining consent will be consistent with those applicable to consent from otherpatients. Standard exceptions for lifesaving emergency medical care provided to a patient incapable of providingconsent or for care necessary to protect public health, such as to prevent the spread of communicable diseases, shallapply.”).71 See Chairman’s Commentary to the Copenhagen Process: Principles and Guidelines, 9.5 (“Medical assistanceshould, wherever possible, be undertaken with the consent of the wounded or sick detainee. However, medicalactions to preserve the health of the detainee may be justified even where the detainee refuses to provide consent.”).Compare § 7.5.2.4 (Compulsory Medical Treatment).72 For example, DOD INSTRUCTION 2310.08E, Medical Program Support for Detainee Operations, 4.7.1 (Jun. 6,2006) (“In the case of a hunger strike, attempted suicide, or other attempted serious self-harm, medical treatment orintervention may be directed without the consent of the detainee to prevent death or serious harm. Such action mustbe based on a medical determination that immediate treatment or intervention is necessary to prevent death orserious harm, and, in addition, must be approved by the commanding officer of the detention facility or otherdesignated senior officer responsible for detainee operations.”).499

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