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Fundamental Guarantees

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This note focused on the wounded and sick, including How are the wounded and sick defined?, Which rights do the wounded and sick have?, Medical personnel, What do we mean by medical personnel?, Medical units, How do we define medical transports?, Establishment of special zones, The distinctive emblems, and in the Non-international armed conflicts.

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FUNDAMENTAL
FUNDAMENTAL GUARANTEES
GUARANTEES
These protected persons include the sick and wounded, detainees, children, war correspondents, and

civilians in enemy territory. This body of IHL rules is often referred to as the Geneva law because it is

mainly regulated by the Geneva Conventions of 1949.




In March 2017, a group of militia targeted the main Therefore, they didn't afford the respective legal

military hospital in Kabul, Afghanistan. A suicide protection to the detainees. This policy was later

bomber sabotaged the back entrance of the revised though still without explicitly acknowledging

hospital while five militias dressed in white medical a duty to apply the Geneva Conventions. Remember

clothing fired at patients and doctors. The attackers that many countries including the UK and Poland had

occupied the hospital for 7 hours. This led to the been accusedof assisting the Bush Administration

death of more than a 100 sick and wounded soldiers with operational and logistics support to extradite

as well as medical personnel. Currently, the Haqqani terrorist suspects who ended up in Guantanamo Bay.

network, an insurgent group fighting against the

Afghan government is suspected to be responsible
In Colombia, the 10th of September 2016 marks an
for the attack. However, Afghanistan is not the only
important date. This is when the rebel group FARC
country where military attacks have hit hospitals. In
released the first 13 child soldiers from their ranks as
2017, the WHO reported 88 military attack against
part of their peace negotiations with the Colombian
hospitals at medical institutions and health workers
government. For decades, the FARC as well as other
in as many as 14 different countries.
guerrilla and paramilitary groups have recruited

thousands of children to spy, plant landmines, and

transport explosives in the long-lasting war in
Another example, in January 2002, in the contexts of
Colombia. Quite a number of these children had
the so-called global war on terror, the US Bush
been kidnapped and forced to become soldiers.
administration established the infamous
Other children had been attracted by the prospect
Guantanamo Bay detention camp in Cuba. While the
of food and shelter to join the armed groups. Most
initial purpose of the creation of Guantanamo was
children had been recruited under the age of 14. The
to prosecute alleged terrorist for war crimes,
recruitment of minors into the military is a common
practice has shown that the camp has been used for
new phenomenon. Many armed groups and even
long-term detention oftne without recourse to trial.
government forces including in South Sudan, the
Former and current detainees as well as
Central African Republic, the DRC, the Philippines,
independent organizations have indicated that
and Myanmar have been accused of recruiting child
abusive interrogation methods, torture, and inhuman
soldiers.
and degrading treatment were not uncommon

practices in the camp. Perhaps quite surprisingly,
These examples illustrate that thousands of people
from the beginning of the operation of Guantanamo
in armed conflict such as the sick and wounded,
Bay, US officials declare that the Geneva
detainees, and children are in need of respect and
Conventions did not apply to their activities there.
legal protection.

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Uploaded on
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Prof. dr. robert heinsch
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