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CMAST 1 International Humanitarian Law and the Geneva Conventions
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CMAST 2
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3 IHL Treaties regulate the conduct of hostilities. DoD policy to adhere to these treaties.
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CMAST 4 IHL Protects people who are not or are no longer participating in hostilities. Purpose- limit and prevent human suffering.
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CMAST 5 What kind of human rights are commonly violated in armed conflicts?
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CMAST 6 Observed by governments and their armed forces. Geneva Conventions establish humanitarian protections. IHL
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CMAST 7 Protects people not taking part in the fighting - civilians - medics - chaplains - humanitarian aid workers IHL
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CMAST 8 Protects people who can no longer fight: - wounded or sick soldiers - prisoners of war
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CMAST 9 Civilians and civilian property may not be the subject of a military attack.
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CMAST 10 Soldiers who have ceased to fight because of illness or injury are to be protected.
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CMAST 11 Prisoners of War Captors must respect (not attack) and protect (care for) those who surrender.
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CMAST 12 Chaplains and assistants are protected.
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CMAST 13 Medical Personnel All AMEDD personnel assigned to AMEDD duties are protected. Two types of protection: –Protection from attack –Protection upon capture
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CMAST 14 Are support people who do not directly treat casualties in a protected status?
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CMAST 15 Protection from Attack Medical personnel are noncombatants. May lose protective status if performing duties that are “harmful to the enemy.”
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CMAST 16 Can medical people do anything other than treat patients?
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CMAST 17 Protection Upon Capture If captured, medical personnel are “retained personnel”, not POWs. - Can only be required to perform medical duties
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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
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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.”
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CMAST 20 What if we deploy to a country that doesn’t allow or recognize “Christian” symbols?
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CMAST 21 Medical establishments may not be intentionally attacked. Medical supplies are not intentionally destroyed.
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CMAST 22 Do not place medical facilities near military objectives, if at all possible.
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CMAST 23 Protected medical transports include: - ambulances - medical ships - medical aircraft
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CMAST 24 Can a commander order the removal of the Red Cross and still use the vehicle for medical purposes?
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CMAST 25 Can a commander use an ambulance for a nonmedical purpose? What about convoys? Are ambulances still protected?
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CMAST 26 Medical Aircraft Must be clearly marked. Flights over enemy territory are prohibited. Must obey summons to land.
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CMAST 27 Understanding Self-Defense Medical personnel are entitled to defend themselves and their patients. Small defensive arms are permitted.
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CMAST 28 What happens if medical personnel use these defensive weapons to fire at enemy soldiers?
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CMAST 29 Use of or mounting of offensive weapons on dedicated medical evacuation vehicles jeopardizes the Geneva protection.
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CMAST 30 Treating and Guarding Detainees Refers to any person captured or detainees by an armed force.
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CMAST 31 Detainee Categories Enemy Prisoner of War (EPW) Civilian Internee (CI) Retained Person (RP) Other Detainees (OD) Enemy Combatant (EC)
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CMAST 32 Treating and Guarding Detainees We are required to afford certain rights to all detainees.
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CMAST 33 Why should we care about the welfare of the enemy?
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CMAST 34 Always treat a captured person as a POW initially. 5 Ss: –Search –Segregate –Silence –Safeguard –Speed
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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.
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CMAST 36 Detainees will not be left without medical care.
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CMAST 37 Initial Actions Upon Capture Non-injured detainees will be evacuated as quickly as possible. Sick and wounded detainees will be evacuated separately.
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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.
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CMAST 39 Evacuation/Care of Detainees Units will categorize sick and wounded detainees as walking or non-walking wounded. Delivered to nearest medical facility.
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CMAST 40 Medical Care for Detainees Detainees will not be denied medical care.
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CMAST 41 Medical Care for Detainees- Inprocessing Screening medical examination. Medical record created during in-process. Facility will provide Geneva Conventions in detainee language.
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CMAST 42 Care for Detainees - Outpatient Daily sick call - cared for separately. Military bearing maintained.
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CMAST 43 Care for Detainees - Outpatient Medical Support includes: –First Aid –Preventive Medicine –Medical Services –Coordinate Medical EPWs, CI and RP
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CMAST 44 Every camp will have a clinic. Detainees can be isolated. Immunizations given. Serious illness/surgery. Rehabilitation. Care for Detainees
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CMAST 45 Medical Care for Detainees Medical records kept at every level. Copies sent to ICRC. Monthly medical inspections. Periodic sanitary inspections.
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CMAST 46 Medical Care for Detainees Detainees will NOT be handcuffed or tied. Exceptions: medical restraint or to ensure safe custody.
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CMAST 47 Detainees Inhumane treatment is prohibited Protect against all violence
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CMAST 48 Transporting Detainees Provide sufficient: –Food –Water –Clothing –Shelter –Medical attention
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CMAST 49 Medical personnel do not guard detainee patients.
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CMAST 50 Suppose you were given an unlawful order? What would you do? Suppose you were given an unlawful order? What would you do?
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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.
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CMAST 52 Reporting Violations 1 st option: Chain of Command Other options: –IG –Provost Marshall –MPs –Judge Advocate –Chaplain
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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?
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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.
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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?
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CMAST 56 Protecting Civilians in Wartime Violence Discrimination Children
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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?
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CMAST 58 You come across two enemy soldiers acting as litter bearers, carrying a wounded comrade. How are they to be treated?
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CMAST 59 Questions?
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