geneva conventions

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The Geneva Conventions and The Geneva Conventions and International Humanitarian LawInternational Humanitarian Law

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IHLIHL

Treaties Treaties regulate the regulate the conduct of conduct of hostilities.hostilities.

DoD policy to DoD policy to adhere to adhere to these treaties.these treaties.

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IHLIHL

Protects people Protects people who are not or are who are not or are no longer no longer participating in participating in hostilities.hostilities.

Purpose- limit and Purpose- limit and prevent human prevent human suffering.suffering.

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What kind of human rights are What kind of human rights are commonly violated in armed commonly violated in armed

conflicts?conflicts?

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Observed by Observed by governments and governments and their armed forces.their armed forces.

Geneva Geneva Conventions Conventions establish establish humanitarian humanitarian protections.protections.

IHLIHL

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Protects people not Protects people not taking part in the fightingtaking part in the fighting

- civilians- civilians

- medics- medics

- chaplains- chaplains

- humanitarian aid - humanitarian aid workers workers

IHLIHL

88CMASTCMAST 88

Protects people Protects people who can no who can no longer fight:longer fight:

- wounded or - wounded or sick soldierssick soldiers

- prisoners of war- prisoners of war

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Civilians and civilian property may not Civilians and civilian property may not be the subject of a military attack.be the subject of a military attack.

1100

CMASTCMAST 1100

Soldiers who have ceased to fight Soldiers who have ceased to fight because of illness or injury are to be because of illness or injury are to be protected.protected.

1111

CMASTCMAST 1111

Prisoners of WarPrisoners of War

Captors must Captors must respect respect (not attack) and (not attack) and protect (care for) protect (care for) those who those who surrender.surrender.

1122

CMASTCMAST 1122

Chaplains and assistants are protected.Chaplains and assistants are protected.

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CMASTCMAST 1133

Medical PersonnelMedical Personnel

All AMEDD All AMEDD personnel assigned personnel assigned to AMEDD duties to AMEDD duties are protected.are protected.

Two types of Two types of protection:protection:– Protection from Protection from

attackattack– Protection upon Protection upon

capturecapture

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CMASTCMAST 1144

Are support people who do not Are support people who do not directly treat casualties in a directly treat casualties in a

protected status?protected status?

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CMASTCMAST 1155

Protection from AttackProtection from Attack

Medical personnel Medical personnel are noncombatants.are noncombatants.

May lose protective May lose protective status if performing status if performing duties that are duties that are “harmful to the “harmful to the enemy.”enemy.”

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CMASTCMAST 1166

Can medical people do anything Can medical people do anything other than treat patients?other than treat patients?

1177

CMASTCMAST 1177

Protection Upon CaptureProtection Upon Capture

If captured, medical personnel are If captured, medical personnel are “retained personnel”, not POWs.“retained personnel”, not POWs.

- Can only be required to perform - Can only be required to perform medical dutiesmedical duties

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CMASTCMAST 1188

If captured, medical If captured, medical personnel are “retained personnel are “retained personnel”, not POWs.personnel”, not POWs.

- Must receive all - Must receive all benefits that POWs benefits that POWs receive.receive.

- Retained only as long - Retained only as long as needed to care for as needed to care for wounded.wounded.

Protection Upon CaptureProtection Upon Capture

1199

CMASTCMAST 1199

Protected Medical Facilities and Protected Medical Facilities and TransportsTransports

All U.S. medical All U.S. medical facilities/transports facilities/transports display the emblem of display the emblem of the Geneva the Geneva conventions.conventions.

Emblems authorized are Emblems authorized are the “Red Cross” and the the “Red Cross” and the “Red Crescent.”“Red Crescent.”

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CMASTCMAST 2200

What if we deploy to a country What if we deploy to a country that doesn’t allow or recognize that doesn’t allow or recognize

“Christian” symbols?“Christian” symbols?

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CMASTCMAST 2211

Medical establishments may not be Medical establishments may not be intentionally attacked.intentionally attacked.

Medical supplies are not intentionally Medical supplies are not intentionally destroyed.destroyed.

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CMASTCMAST 2222

Do not place medical facilities near Do not place medical facilities near military objectives, if at all possible.military objectives, if at all possible.

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CMASTCMAST 2233

Protected medical Protected medical transports include:transports include:

- ambulances- ambulances

- medical ships- medical ships

- medical aircraft- medical aircraft

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CMASTCMAST 2244

Can a commander order the Can a commander order the removal of the Red Cross and removal of the Red Cross and still use the vehicle for medical still use the vehicle for medical

purposes?purposes?

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CMASTCMAST 2255

Can a commander use an Can a commander use an ambulance for a nonmedical ambulance for a nonmedical

purpose?purpose?

What about convoys? Are What about convoys? Are ambulances still protected?ambulances still protected?

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CMASTCMAST 2266

Medical AircraftMedical Aircraft

Must be clearly Must be clearly marked.marked.

Flights over enemy Flights over enemy territory are territory are prohibited.prohibited.

Must obey Must obey summons to land.summons to land.

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CMASTCMAST 2277

Understanding Self-DefenseUnderstanding Self-Defense

Medical personnel are Medical personnel are entitled to defend entitled to defend themselves and their themselves and their patients.patients.

Small defensive arms Small defensive arms are permitted.are permitted.

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CMASTCMAST 2288

What happens if medical What happens if medical personnel use these defensive personnel use these defensive

weapons to fire at enemy weapons to fire at enemy soldiers?soldiers?

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CMASTCMAST 2299

Use of or mounting of offensive weapons Use of or mounting of offensive weapons on dedicated medical evacuation vehicles on dedicated medical evacuation vehicles jeopardizes the Geneva protection.jeopardizes the Geneva protection.

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CMASTCMAST 3300

Treating and Guarding Treating and Guarding DetaineesDetainees

Refers to any Refers to any person captured person captured or detainees by or detainees by an armed force. an armed force.

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CMASTCMAST 3311

Detainee CategoriesDetainee Categories

Enemy Prisoner of War (EPW)Enemy Prisoner of War (EPW) Civilian Internee (CI)Civilian Internee (CI) Retained Person (RP)Retained Person (RP) Other Detainees (OD)Other Detainees (OD) Enemy Combatant (EC)Enemy Combatant (EC)

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CMASTCMAST 3322

Treating and Guarding Treating and Guarding DetaineesDetainees

We are required to afford certain rights to We are required to afford certain rights to all detainees.all detainees.

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CMASTCMAST 3333

Why should we care about the Why should we care about the welfare of the enemy?welfare of the enemy?

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CMASTCMAST 3344

Always treat a captured person as a Always treat a captured person as a POW POW initially.initially.

5 Ss:5 Ss:– SearchSearch– SegregateSegregate– SilenceSilence– SafeguardSafeguard– SpeedSpeed

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CMASTCMAST 3355

Medical standard of care for detainees is Medical standard of care for detainees is the same as for U.S. Forces.the same as for U.S. Forces.

Priority based on severity of injury - not the Priority based on severity of injury - not the uniform.uniform.

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CMASTCMAST 3366

Detainees will not be left without medical Detainees will not be left without medical care.care.

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CMASTCMAST 3377

Initial Actions Upon CaptureInitial Actions Upon Capture

Non-injured Non-injured detainees will be detainees will be evacuated as evacuated as quickly as quickly as possible.possible.

Sick and wounded Sick and wounded detainees will be detainees will be evacuated evacuated separately.separately.

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CMASTCMAST 3388

Actions Upon Capture-Cavity Actions Upon Capture-Cavity SearchesSearches

Body cavity searches performed for valid Body cavity searches performed for valid medical reasons- not part of routine intake medical reasons- not part of routine intake PE.PE.

Cavity searches conducted only if there is a Cavity searches conducted only if there is a reasonable belief detainee is concealing reasonable belief detainee is concealing items.items.

Conducted by same gender, if possible.Conducted by same gender, if possible.

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CMASTCMAST 3399

Evacuation/Care of DetaineesEvacuation/Care of Detainees

Units will categorize sick and wounded Units will categorize sick and wounded detainees as walking or non-walking detainees as walking or non-walking wounded.wounded.

Delivered to nearest medical facility.Delivered to nearest medical facility.

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CMASTCMAST 4400

Medical Care for DetaineesMedical Care for Detainees

Detainees will not be denied medical care.Detainees will not be denied medical care.

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CMASTCMAST 4411

Medical Care for Detainees- Medical Care for Detainees- InprocessingInprocessing

Screening medical examination.Screening medical examination. Medical record created during in-process.Medical record created during in-process. Facility will provide Geneva Conventions Facility will provide Geneva Conventions

in detainee language.in detainee language.

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CMASTCMAST 4422

Care for Detainees - OutpatientCare for Detainees - Outpatient

Daily sick call - cared for separately.Daily sick call - cared for separately. Military bearing maintained.Military bearing maintained.

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CMASTCMAST 4433

Care for Detainees - OutpatientCare for Detainees - Outpatient

Medical Support Medical Support includes:includes:– First AidFirst Aid– Preventive MedicinePreventive Medicine– Medical ServicesMedical Services– Coordinate Medical Coordinate Medical

EPWs, CI and RPEPWs, CI and RP

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CMASTCMAST 4444

Every camp will have Every camp will have a clinic.a clinic.

Detainees can be Detainees can be isolated.isolated.

Immunizations given.Immunizations given. Serious Serious

illness/surgery.illness/surgery. Rehabilitation.Rehabilitation.

Care for DetaineesCare for Detainees

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CMASTCMAST 4455

Medical Care for DetaineesMedical Care for Detainees

Medical records kept at Medical records kept at every level.every level.

Copies sent to ICRC.Copies sent to ICRC. Monthly medical Monthly medical

inspections.inspections. Periodic sanitary Periodic sanitary

inspections.inspections.

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CMASTCMAST 4466

Medical Care for DetaineesMedical Care for Detainees

Detainees will NOT be Detainees will NOT be handcuffed or tied.handcuffed or tied.

Exceptions: medical Exceptions: medical restraint or to ensure restraint or to ensure safe custody.safe custody.

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CMASTCMAST 4477

DetaineesDetainees

Inhumane treatment Inhumane treatment is prohibitedis prohibited

Protect against all Protect against all violenceviolence

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CMASTCMAST 4488

Transporting DetaineesTransporting Detainees

Provide sufficient:Provide sufficient:– FoodFood– WaterWater– ClothingClothing– ShelterShelter– Medical attentionMedical attention

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CMASTCMAST 4499

Medical personnel Medical personnel do notdo not guard detainee patients. guard detainee patients.

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CMASTCMAST 5500

Suppose you were given an Suppose you were given an unlawful order? What would unlawful order? What would

you do?you do?

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CMASTCMAST 5511

Violations of the Law of WarViolations of the Law of War

Try to get the order Try to get the order rescinded.rescinded.

Remind the person Remind the person that the order is that the order is unlawful.unlawful.

Disregard the order.Disregard the order. Report the violation.Report the violation.

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CMASTCMAST 5522

Reporting ViolationsReporting Violations

11stst option: Chain of Command option: Chain of Command Other options:Other options:

– IGIG– Provost Marshall Provost Marshall – MPs MPs – Judge AdvocateJudge Advocate– ChaplainChaplain

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CMASTCMAST 5533

A wounded EPW is in your A wounded EPW is in your facility. You think he knows facility. You think he knows

the locations of enemy units; the locations of enemy units; can you deny him medical can you deny him medical treatment until he tells the treatment until he tells the

interrogators what they want?interrogators what they want?

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CMASTCMAST 5544

Protecting Civilians in WartimeProtecting Civilians in Wartime

Geneva Conventions Geneva Conventions contain specific rules contain specific rules to protect civilians.to protect civilians.

Safety, honor, family Safety, honor, family rights, religious rights, religious practices, manners, practices, manners, and customs are to and customs are to be respected.be respected.

5555

CMASTCMAST 5555

A unit is conducting a search in A unit is conducting a search in an urban area. As they go from an urban area. As they go from

building to building, a few building to building, a few weapons are discovered. In weapons are discovered. In

one home, they find interesting one home, they find interesting art objects and decide to take art objects and decide to take

them. Is this a war crime?them. Is this a war crime?

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CMASTCMAST 5566

Protecting Civilians in Protecting Civilians in WartimeWartime

ViolenceViolence DiscriminationDiscrimination ChildrenChildren

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CMASTCMAST 5577

You are a soldier medic assigned to an You are a soldier medic assigned to an infantry company which has successfully infantry company which has successfully

overrun an enemy position. You come overrun an enemy position. You come across a medical unit just behind enemy across a medical unit just behind enemy

lines. lines.

What are your duties towards the medical What are your duties towards the medical personnel in the unit?personnel in the unit?

What are your duties towards the What are your duties towards the wounded being cared for?wounded being cared for?

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CMASTCMAST 5588

You come across two enemy You come across two enemy soldiers acting as litter soldiers acting as litter

bearers, carrying a wounded bearers, carrying a wounded comrade. comrade.

How are they to be treated?How are they to be treated?

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CMASTCMAST 5599

Questions?Questions?