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
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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.
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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.
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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.
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Chaplains and assistants are protected.Chaplains and assistants are protected.
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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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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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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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Can medical people do anything Can medical people do anything other than treat patients?other than treat patients?
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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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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
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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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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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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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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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Protected medical Protected medical transports include:transports include:
- ambulances- ambulances
- medical ships- medical ships
- medical aircraft- medical aircraft
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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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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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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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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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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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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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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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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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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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Why should we care about the Why should we care about the welfare of the enemy?welfare of the enemy?
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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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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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Detainees will not be left without medical Detainees will not be left without medical care.care.
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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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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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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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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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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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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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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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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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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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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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DetaineesDetainees
Inhumane treatment Inhumane treatment is prohibitedis prohibited
Protect against all Protect against all violenceviolence
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Transporting DetaineesTransporting Detainees
Provide sufficient:Provide sufficient:– FoodFood– WaterWater– ClothingClothing– ShelterShelter– Medical attentionMedical attention
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Medical personnel Medical personnel do notdo not guard detainee patients. guard detainee patients.
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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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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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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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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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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.
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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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Protecting Civilians in Protecting Civilians in WartimeWartime
ViolenceViolence DiscriminationDiscrimination ChildrenChildren
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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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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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Questions?Questions?