which ever party they belong shall be respected and protected. International Committee of the Red Cross Table of Contents I. Birth and Evolution of the Concept 1. Wounded, Sick, and Shipwrecked 2. Story of Henry Dunant (1859) 3. First Geneva Convention (1864) Protection of the Wounded and Sick 4. Second Geneva Convention (1906) Extended the protection to the Shipwrecked 5. Protocol I of 1977 6. Protocol II of 1977 II. The Concept Today 1. Definition of Wounded, Sick, and Shipwrecked 2. Protection Afforded in each Circumstance 3. Exceptional Instances III. The Concept in Application to Cases IV. Commentary and Trivia V. Glossary
Wounded" and Sick Mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new- born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility. (Par. a, Article 8, Protocol I)
Shipwrecked" Means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol. (Par. b, Article 8, Protocol I) The History of the Concept Henry Dunant Battle of Solferino in 1859. His horror at the suffering of the sick and wounded led him a. to publish A Memoir of Solferino and b. mobilize a group of colleagues to press for international action SPECIFICALLY, he was shocked by the lack of facilities, personnel, and medical aid available to help these soldiers 1949 First Geneva Convention Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Geneva, 22 August 1864 The Swiss Federal Council, on the initiative of the Geneva Committee, invited the governments of all European and several American states to a diplomatic conference for the purpose of adopting a convention for the amelioration of the condition of the wounded in war. The main principles laid down in the Convention and maintained by the later Geneva Conventions are: - relief to the wounded without any distinction as to nationality; - neutrality (inviolability) of medical personnel and medical establishments and units; - the distinctive sign of the red cross on a white ground. Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July 1906. With 33 articles divided into eight chapters, the Convention of 1906 is more detailed and more precise in its terminology than the Convention of 1864. New provisions were included concerning the burial of the dead and the transmission of information. The voluntary aid societies were for the first time expressly recognized. On the other hand, provisions which had proved to be impracticable were changed. The prerogatives of the inhabitants bringing help to the wounded were reduced to more reasonable proportions, and the duty to repatriate the wounded who are unfit for further service was transformed into a mere recommendation. The Convention of 1906 was replaced by the Geneva Convention of 1929, but remained in force until 1970, when the last State party to it which had not yet adhered to one of the later Conventions (Costa Rica) acceded to the Conventions of 1949. Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929. In 1921, the International Red Cross Conference held at Geneva expressed the wish that a special convention on the treatment of prisoners of war be adopted. The Convention does not replace but only completes the provisions of the Hague regulations. The most important innovations consisted in the prohibition of reprisals and collective penalties, the organization of prisoners work, the designation, by the prisoners, of representatives and the control exercised by protecting Powers. The 1929 Convention relative to the Treatment of Prisoners of War was replaced by the third Geneva Convention of 12 August 1949 (Geneva Convention III). It is no longer in operation following the universal acceptance of the Geneva Conventions of 1949. Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949. This Convention represents the fourth version of the Geneva Convention on the wounded and sick after those adopted in 1864, 1906 and 1929. The fundamental principles as well as the division into chapters remained the same as in the preceding version with the exception of the new introductory chapter on general provisions. Changes were made especially in Chapter IV (personnel). Hitherto, medical personnel and chaplains falling into enemy hands had to be immediately repatriated. The 1949 Convention, taking account of changed conditions of warfare, provides that they may in certain circumstances be retained to care for prisoners of war. The provisions on medical equipment were correspondingly altered. In the chapter on medical transports it was provided that medical aircraft may in certain circumstances fly over neutral territory. Some clarifications were made as regards the article on the use of the emblem (Article 44). First Geneva Convention Protection of the wounded and sick was the FOUNDING principle of the first Geneva Convention (1864). It remained the core of IHL as it extended to other aspects of the conduct of war such as those who are shipwrecked which is now consolidated in the Geneva Conventions of 1949, three Additional Protocols, and a series of other treaties Full Name: The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949) 12 States Ratified International Committee of the Red Cross was formed First Geneva Convention Pertinent Provisions of the 1864 Convention Art. 1- Ambulances and military hospitals shall be recognized as neutral, and as such, protected and respected by the belligerents as long as they accommodate wounded and sick. Neutrality shall end if the said ambulances or hospitals should be held by a military force. Art. 4. The material of military hospitals being subject to the laws of war, the persons attached to such hospitals may take with them, on withdrawing, only the articles which are their own personal property. Ambulances, on the contrary, under similar circumstances, shall retain their equipment. First Geneva Convention Article 6 Wounded or sick combatants, to whatever nation they may belong, shall be collected and cared for. Commanders-in-Chief may hand over immediately to the enemy outposts enemy combatants wounded during an engagement, when circumstances allow and subject to the agreement of both parties. Those who, after their recovery, are recognized as being unfit for further service, shall be repatriated. The others may likewise be sent back, on condition that they shall not again, for the duration of hostilities, take up arms. Evacuation parties, and the personnel conducting them, shall be considered as being absolutely neutral.