Sick and Wounded
These Geneva Conventions outline the definitions, obligations, and rights afforded to the sick and wounded.
What is GC I and GC II
What are the categories of legal combatants?
GCIII art. 4 (parts 1-4)
This instrument establishes protections for civilians in armed conflict or occupied territory.
What is GC IV.
This IHL guru has the given name "William" and served on the Law and Order Task Force.
W. Chadwick Austin, Supreme Admiral of the Navy
At what point do shipwrecked individuals lose their status as shipwrecked?
What is when they engage in hostile acts
- according to article 8(b) AP I an individual who partakes in hostilities relinquishes their right to shipwrecked status
- members of armed forces who engage in hostile mission in hazardous areas (polar tundra etc.) must renounce their mission
This UNHCR mandate addresses civilians impact by conflict.
refugees, IDPs, and stateless persons
If a detained combatant becomes injured, her status changes to this.
- hors de combat
The expression "in the hands of the enemy," in regards to civilians in an occupied territory occupied by an enemy power, applies at these times.
When is all times that the territory is occupied by the enemy power, not just when a civilian is specifically in the custody of the enemy power.
This IHL steward hails from the great state of Italy.
Col. Shawn McKelvy
What are the obligations state parties have to protect the dead and missing in times of conflict?
1. obliged to record any pertinent information (art 16 GCI and 19 GCII)
2. obligation to ensure burial and incineration of dead + give an honorable burial (respecting rights, religion, and nationality) - articles 17 GC I and 20 GCII and 34 API)
goals -- to prevent the disappearance of persons
These are the four requirements of an armed group?
- According to GCIII art 4(2)
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
This category of individuals does not receive POW status unless they have returned to their lines and resumed normal combatant function (assuming they also meet art. 4 POW requirements.)
What are spies? (AP I article 46)
Protected Persons are individuals who are inhabitants of an occupied territory who are not the same nationality as the occupying power (GC IV Art. 4). The ICTY has opined that this article's modern interpretation includes civilians of the same nationality if they are not of the same allegiance (Tadic, para. 166, Celebici para. 266 and Blaskic para. 126.)
This member of our group is annoyed at these irrelevant questions.
Samantha Potter
What are the three criteria medical transports must accomplish to have medical immunity?
1. notification to the parties to the conflict (art 22 GCII)
2. exclusive use (article 30 and 33 GCII)
3. exclusive marking (article 43 GCII)
medical aircraft depend on additional factors, including where they operate and in what area controlled (art 24-30 API)
At what point does a paramilitary force acting on behalf of a High Contracting Party gain POW status?
At the point where the four criteria are met, according to the ICRC interpretive guidance rule 4
These are the two conditions requiring release of POWs.
What are serious injury and the end of hostilities (GC III Art. 118.)
These are the two conditions for which an occupying party can detain civilians.
What are "security detainees" ie detention for criminal acts (GC IV Art. 68) and potential security concerns (GC IV Art. 42 and 78)?
Josh West :)
Article 12 of GCI outlines that "members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances." According to the Commentary on this article, what do respect and protect mean and obligate states to do?
According to API commentary, "to respect" means "to spare, not to attack" and "protect" means "to come to someone's defence" and lend them support
- obligated to treat the wounded, sick, shipwrecked within their power w/out discrimination
- treat protected persons with humanity
- not carry medical or scientific experiments or knowingly expose them to risk of contagion or infection (articles 15,16,17 GCI and 18,19,20 GCII)
- CA 3 and APII article 8 apply to NIACs
Under the ICRC guidance and in an IAC and NIAC, these groups can instigate courts.
Non-state armed groups and state-armed groups according to the commentary 2016 to CA3 (692) and the ICRC commentary of 1987 to APII
This article of GC III authorizes the ICRC to visit with prisoners without restriction of duration and frequency, unless limited by imperative military necessity.
What is GC III art. 26?
These articles require the occupying power to provide food and medical care to the populace, as well as allow humanitarian aid to be granted if the occupying power cannot provide aid itself.
What are GC IV art. 55, and AP I art. 69 and 70
This member of our team recently became a flex-vegan.