Tis but a Scratch
What is the requirement for treatment of all persons not actively participating in hostilities under CA 3
humanely and without discrimination
you are the pilot of a medical aircraft, appropriately marked. Your commander tells you to fly into enemy territory to pick up wounded.
What should you tell him you need first? (ignore any command responsibility bs)
consent from the enemy (if AP 1)
Can medical personnel carry weapons? If so, why and how?
Yes, medical personnel may be armed for self-defense and for defense of patients (GC 1, Art 22). Typically small arms (AP 1, Art 13.2).
Cannot engage in offensive operations and must wear the Red Cross armband to signify that they are medics and not direct combatants
Do all wounds or sicknesses qualify someone to be hors de combat?
No, though there is no brightline definition
If you are a party to an armed conflict, is your obligation to search for and collect wounded and sick absolute?
no, it is qualified by safety risk, you don't have to assume mortal danger to search
Anthony is leading his troops down the road towards a target, and sees an enemy soldier, lying motionless on the ground. He stops the car and inspects the soldier. He deems that they are still alive, but suffering greatly.
Out of his great mercy, or simply wanting to act tough for his squad, kills the soldier with a single bullet.
What, if anything, did he do wrong?
shooting the wounded soldier because he was “too injured” is a grave breach and a war crime under GC III, Art. 130.
You are flying a medical aircraft, appropriately marked, over enemy territory (with consent) to collect wounded soldiers. Protected civilians come out on rooftops and rain fire on your craft. Your fellow medic on board begins returning fire.
Analyse.
AP I, Art. 51(3): Civilians lose protection when taking direct part in hostilities. Can be prosecuted for war crime (attacking protected medical units).
GC I, Art. 22; AP I, Art. 13: Medical units may defend themselves against unlawful attack.
Returning fire in self-defense is permissible.
You are deciding where to place/build a Combat Support Hospital (CSH) in relation to the defensive perimeter. Where should you place it and why? Can it have security forces?
The CSH should be located outside the primary division defensive perimeter to preserve its noncombatant status. However, a small, armed guard may be detailed solely for defensive purposes (e.g., protection from looters or unlawful attacks). The CSH and aid stations must display the Red Cross and avoid any use that could compromise their neutrality (e.g., colocating with ammo dumps or HQ).
You are a squad leader, you are transporting wounded soldiers, and come across wounded Iraqi soldiers.
You don't have that much space and know there are more of your soldiers wounded down the road, what do you do?
you must not leave the wounded Iraqis unattended (GC I, Art. 12). Even if transportation is limited, you must arrange immediate medical attention—either by leaving a medic, calling for evacuation, or transferring them to a nearby aid station (GC III, Art. 15 / GC I, Art. 19).
You have captured enemy medics, what is their status, and what can you do with them?
Retained persons, not POWs (same benefits though)
You can move them between camps to care for POWs, but repatriate when no more use
You are part of defense personnel stationed to protect a military hospital.
You see an incoming squad of enemy belligerents coming your way, weapons drawn and aimed at you and your fellow personnel.
You do not shoot at them, and when they get to you, they shoot and kill most of you. They later claim you were lawful targets.
is this true?
yes, defense personnel can be lawful targets.
You are piloting a medical heli, complete with Red Cross emblems. You are flying over a battlefield collecting and transporting the wounded. Suddenly you see a large swarm of enemy combatants marching towards the ground troops, way outnumbering them. You know your forces will be quickly outnumbered and destroyed.
Can you pick up some of the unwounded soldiers and evacuate them?
No
GC I, Art. 36–37; AP I, Art. 28–31: Aircraft marked with Red Cross are for exclusive medical use.
Using the emblem during non-medical operations = perfidy or misuse. Landing to pick up uninjured troops would forfeit protection and constitute misuse.
You are a US medic operating in a military hospital. US has been absolutely curbstomping the enemy, Canada, and so you very rarely get wounded Americans, though you do have a handful. You do receive MANY Canadians in very bad shape, so you prioritize working on them before getting to the Americans bc you honestly feel bad for them.
Can you?
violation of GC I, Art. 12. Treatment order based on nationality is impermissible
if a state is not party to AP 1 or 2, which define civilians as protected under the definition of wounded and sick, do they still have a duty to to give wounded civilians medical treatment?
yes, they still have obligations bc of the Martens Clause
You are part of defense personnel stationed to protect a military hospital.
You see an incoming squad of enemy belligerents coming your way, weapons drawn and aimed at you and your fellow personnel.
You shoot at them, knowing a fight is imminent.
What result?
Your commander comes to you with a briefing that there is intel that the enemy forces are using a medical station to hide and resupply ammo to their troops mid combat. He asks you whether he can now target the medical station legally.
Yes, but before targetting, we have to send notice to tell them to stop misusing it, via the ICRC.
You are piloting a medical heli, complete with Red Cross emblems. You are flying over a battlefield collecting and transporting the wounded. Suddenly you see a large swarm of enemy combatants marching towards the ground troops, way outnumbering them. You know your forces will be quickly outnumbered and destroyed.
Can you radio your command leader without landing or picking anyone up, to let them know so they can retreat or plan quickly?
No, GC I, Art. 36–37; AP I, Art. 28–31: Aircraft marked with Red Cross are for exclusive medical use.
Using the emblem during non-medical operations = perfidy or misuse.
Debriefing for targeting violates the neutrality obligation.
You are a US medic operating in a military hospital. US has been absolutely curbstomping the enemy, Canada, and so you very rarely get wounded Americans, though you do have a handful, those that you do have only have minor injuries. You do receive MANY Canadians in very bad shape, so you prioritize working on them before getting to the Americans bc you know the Americans are not in mortal danger.
Can you?
GC I, Art. 12: Care provided “to the fullest extent practicable.”
Triaging “expectant” patients is not a violation if based on medical judgment, not nationality.
when they are "expected" to die regardless of treatment.
Cody is at war in Iran. In the middle of a battlefield, he spots someone in regular Iranian military uniform, kneeling next to a clearly wounded Iranian, administering first aid. Cody, deciding he was an enemy, shoots and kills both of them.
What, if anything, did Cody do wrong?
GC I, Art. 12: Medical personnel and those caring for wounded are protected if clearly identified.
Cody violated the law by shooting the injured Iranian. However, he was probably fine in shooting the one tending his wounds, since they were not wearing special markings or denoting they're presence as a medic, they retained combatant status.
When is the one time you don't have to give warning to lawfully target a medical station?
when you're taking fire and need to return it to protect yourself. You should still get to cover first and send warning though.
You are piloting a rescue aircraft, appropriately marked. The craft is outfitted with machine guns on each side for self defense if needed. Before taking off, your commander tells you that you cannot take off because your weapons will make the craft lose its protected status.
How do you respond.
Rescue aircraft are different from medical aircraft, in that they are not protected the same way and can have miniguns and some other weapons without losing their status.
You are medical personnel engaged in hostilities. What are the six things you should know do NOT cause a loss of protected status?
Self defense
Passive defense mechanisms
Use of non medical personnel for security
Temporary presence of small arms and ammunitions
Temporary presence of combatants
Care for civilians (bc theyre not required to do that we have to specify that doesnt lose ur status)
you have been at war in Korea, and are making your rounds collecting your wounded, when you come across an area under Korean control wherein civilians have begun looting the dead bodies and desecrating them.
You find this disgusting, and want to know if there's some law of war that could be used against the looters. What result?
Geneva Conventions bind state actors, not private civilians.
However, GC I, Art. 15 requires the Party in control of the area to prevent despoliation.
Not a violation by civilians under the GC, but Korean forces may be violating Art 15
Bury or cremate based on religion/hygiene (burning corpses is not illegal but is not common)
Record and report death, assess cause if possible (mark grave)
Mass burial is not illegal, but should not be done unless absolutely necessary