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CMAST 1 International Humanitarian Law and the Geneva Conventions.

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Presentation on theme: "CMAST 1 International Humanitarian Law and the Geneva Conventions."— Presentation transcript:

1 CMAST 1 International Humanitarian Law and the Geneva Conventions

2 CMAST 2

3 3 IHL  Treaties regulate the conduct of hostilities.  DoD policy to adhere to these treaties.

4 CMAST 4 IHL  Protects people who are not or are no longer participating in hostilities.  Purpose- limit and prevent human suffering.

5 CMAST 5 What kind of human rights are commonly violated in armed conflicts?

6 CMAST 6  Observed by governments and their armed forces.  Geneva Conventions establish humanitarian protections. IHL

7 CMAST 7  Protects people not taking part in the fighting - civilians - medics - chaplains - humanitarian aid workers IHL

8 CMAST 8  Protects people who can no longer fight: - wounded or sick soldiers - prisoners of war

9 CMAST 9  Civilians and civilian property may not be the subject of a military attack.

10 CMAST 10  Soldiers who have ceased to fight because of illness or injury are to be protected.

11 CMAST 11 Prisoners of War  Captors must respect (not attack) and protect (care for) those who surrender.

12 CMAST 12  Chaplains and assistants are protected.

13 CMAST 13 Medical Personnel  All AMEDD personnel assigned to AMEDD duties are protected.  Two types of protection: –Protection from attack –Protection upon capture

14 CMAST 14 Are support people who do not directly treat casualties in a protected status?

15 CMAST 15 Protection from Attack  Medical personnel are noncombatants.  May lose protective status if performing duties that are “harmful to the enemy.”

16 CMAST 16 Can medical people do anything other than treat patients?

17 CMAST 17 Protection Upon Capture  If captured, medical personnel are “retained personnel”, not POWs. - Can only be required to perform medical duties

18 CMAST 18  If captured, medical personnel are “retained personnel”, not POWs. - Must receive all benefits that POWs receive. - Retained only as long as needed to care for wounded. Protection Upon Capture

19 CMAST 19 Protected Medical Facilities and Transports  All U.S. medical facilities/transports display the emblem of the Geneva conventions.  Emblems authorized are the “Red Cross” and the “Red Crescent.”

20 CMAST 20 What if we deploy to a country that doesn’t allow or recognize “Christian” symbols?

21 CMAST 21  Medical establishments may not be intentionally attacked.  Medical supplies are not intentionally destroyed.

22 CMAST 22  Do not place medical facilities near military objectives, if at all possible.

23 CMAST 23  Protected medical transports include: - ambulances - medical ships - medical aircraft

24 CMAST 24 Can a commander order the removal of the Red Cross and still use the vehicle for medical purposes?

25 CMAST 25 Can a commander use an ambulance for a nonmedical purpose? What about convoys? Are ambulances still protected?

26 CMAST 26 Medical Aircraft  Must be clearly marked.  Flights over enemy territory are prohibited.  Must obey summons to land.

27 CMAST 27 Understanding Self-Defense  Medical personnel are entitled to defend themselves and their patients.  Small defensive arms are permitted.

28 CMAST 28 What happens if medical personnel use these defensive weapons to fire at enemy soldiers?

29 CMAST 29  Use of or mounting of offensive weapons on dedicated medical evacuation vehicles jeopardizes the Geneva protection.

30 CMAST 30 Treating and Guarding Detainees  Refers to any person captured or detainees by an armed force.

31 CMAST 31 Detainee Categories  Enemy Prisoner of War (EPW)  Civilian Internee (CI)  Retained Person (RP)  Other Detainees (OD)  Enemy Combatant (EC)

32 CMAST 32 Treating and Guarding Detainees  We are required to afford certain rights to all detainees.

33 CMAST 33 Why should we care about the welfare of the enemy?

34 CMAST 34  Always treat a captured person as a POW initially.  5 Ss: –Search –Segregate –Silence –Safeguard –Speed

35 CMAST 35  Medical standard of care for detainees is the same as for U.S. Forces.  Priority based on severity of injury - not the uniform.

36 CMAST 36  Detainees will not be left without medical care.

37 CMAST 37 Initial Actions Upon Capture  Non-injured detainees will be evacuated as quickly as possible.  Sick and wounded detainees will be evacuated separately.

38 CMAST 38 Actions Upon Capture-Cavity Searches  Body cavity searches performed for valid medical reasons- not part of routine intake PE.  Cavity searches conducted only if there is a reasonable belief detainee is concealing items.  Conducted by same gender, if possible.

39 CMAST 39 Evacuation/Care of Detainees  Units will categorize sick and wounded detainees as walking or non-walking wounded.  Delivered to nearest medical facility.

40 CMAST 40 Medical Care for Detainees  Detainees will not be denied medical care.

41 CMAST 41 Medical Care for Detainees- Inprocessing  Screening medical examination.  Medical record created during in-process.  Facility will provide Geneva Conventions in detainee language.

42 CMAST 42 Care for Detainees - Outpatient  Daily sick call - cared for separately.  Military bearing maintained.

43 CMAST 43 Care for Detainees - Outpatient  Medical Support includes: –First Aid –Preventive Medicine –Medical Services –Coordinate Medical EPWs, CI and RP

44 CMAST 44  Every camp will have a clinic.  Detainees can be isolated.  Immunizations given.  Serious illness/surgery.  Rehabilitation. Care for Detainees

45 CMAST 45 Medical Care for Detainees  Medical records kept at every level.  Copies sent to ICRC.  Monthly medical inspections.  Periodic sanitary inspections.

46 CMAST 46 Medical Care for Detainees  Detainees will NOT be handcuffed or tied.  Exceptions: medical restraint or to ensure safe custody.

47 CMAST 47 Detainees  Inhumane treatment is prohibited  Protect against all violence

48 CMAST 48 Transporting Detainees  Provide sufficient: –Food –Water –Clothing –Shelter –Medical attention

49 CMAST 49  Medical personnel do not guard detainee patients.

50 CMAST 50 Suppose you were given an unlawful order? What would you do? Suppose you were given an unlawful order? What would you do?

51 CMAST 51 Violations of the Law of War  Try to get the order rescinded.  Remind the person that the order is unlawful.  Disregard the order.  Report the violation.

52 CMAST 52 Reporting Violations  1 st option: Chain of Command  Other options: –IG –Provost Marshall –MPs –Judge Advocate –Chaplain

53 CMAST 53 A wounded EPW is in your facility. You think he knows the locations of enemy units; can you deny him medical treatment until he tells the interrogators what they want?

54 CMAST 54 Protecting Civilians in Wartime  Geneva Conventions contain specific rules to protect civilians.  Safety, honor, family rights, religious practices, manners, and customs are to be respected.

55 CMAST 55 A unit is conducting a search in an urban area. As they go from building to building, a few weapons are discovered. In one home, they find interesting art objects and decide to take them. Is this a war crime?

56 CMAST 56 Protecting Civilians in Wartime  Violence  Discrimination  Children

57 CMAST 57 You are a soldier medic assigned to an infantry company which has successfully overrun an enemy position. You come across a medical unit just behind enemy lines. What are your duties towards the medical personnel in the unit? What are your duties towards the wounded being cared for?

58 CMAST 58 You come across two enemy soldiers acting as litter bearers, carrying a wounded comrade. How are they to be treated?

59 CMAST 59 Questions?


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