law_war_manual15

The respect and protection afforded the wounded, sick, and shipwrecked do notimmunize them from search, or other necessary security measures, or capture and detention, evenif they are receiving medical care. 175Booby-trapping the wounded or sick is expressly prohibited. 17617.14.2 Humane Treatment and Practicable Medical Care and Attention. In allcircumstances, the wounded, sick, and shipwrecked shall be treated humanely and shall receive,to the fullest extent practicable and with the least possible delay, the medical care and attentionrequired by their condition. 177 There shall be no distinction among them founded on anygrounds other than medical ones. 17817.14.3 Search, Collection, and Protection of the Wounded, Sick, Shipwrecked, andDead. Whenever circumstances permit, and particularly after an engagement, all possiblemeasures shall be taken, without delay, to search for and collect the wounded, sick, andshipwrecked, to protect them against pillage and ill-treatment, to ensure their adequate care, andto search for the dead, prevent their being despoiled, and decently dispose of them. 179The obligations to search for, collect, and take affirmative steps to protect the wounded,sick, and shipwrecked are subject to practical limitations; military commanders are to judge whatis possible, and to what extent they can commit their personnel to these duties. 18017.14.3.1 Mistreatment and Booby-Trapping of the Dead Prohibited. Themistreatment of the dead is prohibited. 181 In addition, the dead may not be booby-trapped. 182175 Compare § 7.3.3.2 (Search and Other Security Measures Not Prohibited); § 7.3.3.3 (Capture of Wounded, Sick,and Shipwrecked Not Prohibited).176 Refer to § 6.12.4.9 (Certain Types of Prohibited Booby-Traps and Other Devices).177 Consider AP II art. 7(2) (“In all circumstances they shall be treated humanely and shall receive, to the fullestextent practicable and with the least possible delay, the medical care and attention required by their condition.”).178 Consider AP II art. 7(2) (“There shall be no distinction among them founded on any grounds other than medicalones.”).179 Consider AP II art. 8 (“Whenever circumstances permit, and particularly after an engagement, all possiblemeasures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect themagainst pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent their beingdespoiled, and decently dispose of them.”).180 Compare § 7.4.4 (Practical Limitations on the Obligation to Search for, Collect, and Take Measures to Protect theWounded, Sick, and Shipwrecked).181 For example, Karen Parrish, Panetta Orders Investigation of Video, Vows Accountability, AMERICAN FORCESPRESS SERVICE, Jan. 12, 2012 (“Defense Secretary Leon E. Panetta released a statement today strongly condemningthe actions of a small group of Marines depicted in a video that began circulating online yesterday. The video showsfour Marines apparently urinating over three enemy corpses in Afghanistan. The secretary’s statement said he hasseen the footage and finds the behavior depicted in it ‘utterly deplorable.’ ‘I condemn it in the strongest possibleterms,’ Panetta said. ‘I have ordered the Marine Corps and ISAF commander [Marine Corps] Gen. John Allen toimmediately and fully investigate the incident. This conduct is entirely inappropriate for members of the UnitedStates military and does not reflect the standards or values our armed forces are sworn to uphold. Those found to1043