Chapter

Development of the protection of the wounded, sick and shipwrecked under the Protocols Additional to the 1949 Geneva Conventions

Waldemar A. Solf

Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet

Genève : CICR ; La Haye : Nijhoff, 1984

p. 237-248

English

The author argues that Additional Protocols I and II to the 1949 Geneva Conventions improve on the original treaties in three areas. First, both protocols expand the protection of persons against abusive medical procedures due to concerns that advances in medical expertise could result in the exploitation of prisoners of war and other persons as sources of organs or tissue. Second, the protocols expand the general protection of medical duties from coercion by including under its scope of protection anyone engaged in medical activities, and providing a limited right to those so engaged to refuse an order that violates international humanitarian law. While the protocols also make the principle of medical secrecy subject to national law, the author argues that the criticisms of this subordination are exaggerated because the protocols prohibit compelling medical staff to provide information to an occupying party. Finally, in cases of international armed conflict, the author explains that protection of medical aircraft is expanded significantly under the protocols, by allowing medical flights in adverse airspace and by establishing a modern communication protocol for parties to follow. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet / Christophe Swina