Law of War Handbook 2005

(Jacob Rumans) #1
protected under the GWS ('primarily members of the armed forces). This
language recognizes the primacy of civilian authorities in the matter of
caring for civilians. See DEP'TOF ARMYFIELD MANUAL 8-10, HEALTH
SERVICESUPPORT IN A THEATER OF OPERATIONS,para. 3 - 17 (1 Mar 1 99 1).

c.  Finally, consistent with the primacy of civilian authorities mentioned
above, there are also sovereignty issues at play in situations such as those
encountered in Panama and Haiti. "Primary responsibility for the
collection, burial, and accountability for the wounded and dead lay with
the Government of Panama. U.S. assumption of any responsibility for the
burial of deceased Panamanians, military or civilian, would have
constituted a breach of Panama's sovereignty without its express
consent." W. Hays Parks memorandum, supra.

d. Consequently, the U.S. policy in Haiti was to render emergency care
required to save life, limb, or eyesight to Haitian civilians. Thus, on site
medical personnel were permitted to provide emergency stabilization,
treatment, and to arrange transportation to civilian hospitals.
Additionally, in Haiti, treatment was provided to those persons injured as
a result of U.S. actions. See MG Fisher memorandum, supra.


  1. Medical, religious and other humanitarian personnel shall be respected and
    protected. US. forces should have no difficulty complying with this
    standard.

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