PROTECTING THE WOUNDED, SICK AND SHIPWRECKED UNDER INTERNATIONAL HUMANITARIAN LAW: BETWEEN HUMANITARIAN IDEALS AND WARTIME REALITIES

Abstract

The protection of the wounded, sick and shipwrecked is one of the most enduring humanitarians guarantees under international humanitarian law (IHL). Rooted in Henry Dunant’s vision after the Battle of Solferino in 1859 and first codified in the 1864 Geneva Convention, the framework has evolved into a comprehensive body of treaty and customary rules binding on state and non-state actors alike. At its core, IHL imposes obligations to respect, protect and provide humane treatment and medical care to all wounded, sick and shipwrecked persons without adverse distinction, save on medical grounds. The Geneva Conventions of 1949 and the Additional Protocols of 1977 consolidate these obligations, harmonising earlier distinctions between combatants and civilians, while extending protection to maternity cases, newborns, expectant mothers, parachutists in distress and other vulnerable groups. Despite the clarity of these norms, violations persist in practice, ranging from the civil wars in Liberia and Sierra Leone to recent counter-insurgency operations in Nigeria, exposing the tension between military expediency and humanitarian imperatives. This article critically examines the treaty framework and customary rules, the role of humanitarian actors, and the challenges of enforcement, arguing that the regime’s effectiveness lies not merely in codification but in faithful implementation, accountability for breaches and the reinforcement of humanitarian norms in modern warfare.