Medical and Religious Personnel and Objects (Rules 25–30)

Abstract

Rule 25. Medical personnel exclusively assigned to medical duties must be respected and protected in all circumstances. They lose their protection if they commit, outside their humanitarian function, acts harmful to the enemy. Practice Volume II, Chapter 7, Section A. Summary State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. International armed conflicts This rule goes back to the 1864 Geneva Convention and was repeated in the subsequent Geneva Conventions of 1906 and 1929. It is now set forth in the First, Second and Fourth Geneva Conventions of 1949. Its scope was expanded in Article 15 of Additional Protocol I to cover civilian medical personnel in addition to military medical personnel in all circumstances. This extension is widely supported in State practice, which generally refers to medical personnel without distinguishing between military or civilian medical personnel. It is also supported by States not, or not at the time, party to Additional Protocol I. Under the Statute of the International Criminal Court, “intentionally directing attacks against … personnel using the distinctive emblems of the Geneva Conventions in conformity with international law” constitutes a war crime in international armed conflicts. This war crime is relevant to medical personnel because they are entitled to use the distinctive emblems of the Geneva Conventions. Numerous military manuals recall the obligation to respect and protect medical personnel. Under the legislation of many States, it is a war crime to violate this rule.