Section 80p. 80

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(d) they shall have the benefit of medical examinations;

(e) their physical or mental health and integrity shall not

be

endangered

by

any

unjustified

act or omission.

Accordingly,

it

is

prohibited

to

subject the persons

described in this Article to any medical procedure which

is not indicated by the state of health of the person

concerned, and which is not consistent with the generally

accepted medical standards applied to free persons

under similar medical circumstances.

3. Persons who are not covered by paragraph 1 but whose

liberty has been restricted in any way whatsoever for

reasons related to the armed conflict shall be treated

humanely

in

accordance

with

Article

4

and

with

paragraphs 1 (a), (c) and (d), and 2 (b) of this Article.

4. If it is decided to release persons deprived of their

liberty, necessary measures to ensure their safety shall be

taken by those so deciding.

Art 6. Penal prosecutions

1. This Article applies to the prosecution and punishment

of criminal offences related to the armed conflict

2. No sentence shall be passed and no penalty shall be

executed on a person found guilty of an offence except

pursuant to a conviction pronounced by a court offering

the

essential

guarantees

of

independence

and

impartiality.

In particular:

(a) the procedure shall provide for an accused to be

informed without delay of the particulars of the offence

alleged against him and shall afford the accused before

and during his trial all necessary rights and means of

defence;

(b) no one shall be convicted of an offence except on the

basis of individual penal responsibility;

(c) no one shall be held guilty of any criminal offence on

account of any act or omission which did not constitute a

criminal offence, under the law, at the time when it was

committed; nor shall a heavier penalty be imposed than

that which was applicable at the time when the criminal

offence was committed; if, after the commission of the

offence, provision is made by law for the imposition of a

lighter penalty, the offender shall benefit thereby;

(d) anyone charged with an offence is presumed innocent

until proved guilty according to law;

(e) anyone charged with an offence shall have the right to

be tried in his presence;

(f) no one shall be compelled to testify against himself or

to confess guilt.

3. A convicted person shall be advised on conviction of his

judicial and other remedies and of the time-limits within

which they may be exercised.

4. The death penalty shall not be pronounced on persons

who were under the age of eighteen years at the time of

the offence and shall not be carried out on pregnant

women or mothers of young children.

5. At the end of hostilities, the authorities in power shall

endeavour to grant the broadest possible amnesty to

persons who have participated in the armed conflict, or

those deprived of their liberty for reasons related to the

armed conflict, whether they are interned or detained.

Part III. Wounded, Sick and Shipwrecked

Art 7. Protection and care

1. All the wounded, sick and shipwrecked, whether or not

they have taken part in the armed conflict, shall be

respected and protected.

2. In all circumstances they shall be treated humanely

and shall receive to the fullest extent practicable and with

the least possible delay, the medical care and attention

required by their condition. There shall be no distinction

among

them

founded

on

any

grounds

other

than

medical ones.

Art 8. Search

Whenever circumstances permit and particularly after an

engagement,

all

possible

measures

shall

be

taken,

without delay, to search for and collect the wounded, sick

and shipwrecked, to protect them against pillage and

ill-treatment, to ensure their adequate care, and to search

for the dead, prevent their being despoiled, and decently

dispose of them.

Art 9. Protection of medical and religious personnel

1. Medical and religious personnel shall be respected and

protected and shall be granted all available help for the

performance of their duties. They shall not be compelled

to carry out tasks which are not compatible with their

humanitarian mission.

2. In the performance of their duties medical personnel

may not be required to give priority to any person except

on medical grounds.

Art 10. General protection of medical duties

1. Under no circumstances shall any person be punished

for having carried out medical activities compatible with

medical

ethics,

regardless

of

the

person

benefiting

therefrom.

2. Persons engaged in medical activities shall neither be

compelled to perform acts or to carry out work contrary

to, nor be compelled to refrain from acts required by, the

rules of medical ethics or other rules designed for the

benefit of the wounded and sick, or this Protocol.

3. The professional obligations of persons engaged in

medical activities regarding information which they may

acquire concerning the wounded and sick under their

care shall, subject to national law, be respected.

4. Subject to national law, no person engaged in medical

activities may be penalized in any way for refusing or

failing to give information concerning the wounded and

sick who are, or who have been, under his care.

Art 11. Protection of medical units and transports

1. Medical units and transports shall be respected and

protected at all times and shall not be the object of

attack.

2. The protection to which medical units and transports

are entitled shall not cease unless they are used to

commit hostile acts, outside their humanitarian function.

Protection may, however, cease only after a warning has

been given, setting, whenever appropriate, a reasonable

time-limit,

and

after

such

warning

has

remained

unheeded.

Art 12. The distinctive emblem

Under

the

direction

of

the

competent

authority

concerned, the distinctive emblem of the red cross, red

crescent or red lion and sun on a white ground shall be

displayed

by

medical

and

religious

personnel

and

medical units, and on medical transports. It shall be

respected in all circumstances. It shall not be used

improperly.

Part IV. Civilian Population

Art 13. Protection of the civilian population

1. The civilian population and individual civilians shall

enjoy general protection against the dangers arising from

military operations. To give effect to this protection, the

following rules shall be observed in all circumstances.

2. The civilian population as such, as well as individual

civilians, shall not be the object of attack. Acts or threats

of violence the primary purpose of which is to spread

terror among the civilian population are prohibited.

© Compiled by RGL

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