Einde inhoudsopgave
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I)
Article 8 Terminology
Geldend
Geldend vanaf 07-12-1978
- Redactionele toelichting
Dit artikel is gecorrigeerd via een rectificatie (Trb. 1980, 87).
- Bronpublicatie:
08-06-1977, Trb. 1978, 41 (uitgifte: 07-04-1978, kamerstukken/regelingnummer: -)
- Inwerkingtreding
07-12-1978
- Bronpublicatie inwerkingtreding:
02-06-1980, Trb. 1980, 87 (uitgifte: 02-06-1980, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Mensenrechten
For the purposes of this Protocol:
- (a)
‘wounded’ and ‘sick’ mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility;
- (b)
‘shipwrecked’ means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;
- (c)
‘medical personnel’ means those persons assigned, by a Party to the conflict, exclusively to the medical purposes enumerated under sub-paragraph (e) or to the administration of medical units or to the operation or administration of medical transports. Such assignments may be either permanent or temporary. The term includes:
- (i)
medical personnel of a Party to the conflict, whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organizations;
- (ii)
medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by a Party to the conflict;
- (iii)
medical personnel of medical units or medical transports described in Article 9, paragraph 2;
- (d)
‘religious personnel’ means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:
- (i)
to the armed forces of a Party to the conflict;
- (ii)
to medical units or medical transports of a Party to the conflict;
- (iii)
to medical units or medical transports described in Article 9, paragraph 2; or
- (iv)
to civil defence organizations of a Party to the conflict.
The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under sub-paragraph (k) apply to them;
- (e)
‘medical units’ means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment — including first-aid treatment — of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
- (f)
‘medical transportation’ means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this Protocol;
- (g)
‘medical transports’ means any means of transportation, whether military or civilian, permanent or temporary, assigned exlusively to medical transportation and under the control of a competent authority of a Party to the conflict;
- (h)
‘medical vehicles’ means any medical transports by land;
- (i)
‘medical ships and craft’ means any medical transports by water;
- (j)
‘medical aircraft’ means any medical transports by air;
- (k)
‘permanent medical personnel’, ‘permanent medical units’ and ‘permanent medical transports’ mean those assigned exclusively to medical purposes for an indeterminate period. ‘Temporary medical personnel’, ‘temporary medical units’ and ‘temporary medical transports’ mean those devoted exclusively to medical purposes for limited periods during the whole of such periods. Unless otherwise specified, the terms ‘medical personnel’, ‘medical units’ and ‘medical transports’ cover both permanent and temporary categories;
- (l)
‘distinctive emblem’ means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies;
- (m)
‘distinctive signal’ means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol.