REVIEW OF SOME COMPERATIVE LEGISLATURE OF CERTAIN COUNTRIES WITH RESPECT TO CRIMINAL LAW PROTECTION OF WOUNDED AND SICK

Abstract

This paper provides a review of some countries regarding the criminal legal protection of the wounded and sick. In this work is showed eighteen Criminal Code or special laws of foreign countries around the world. The status and protection of the sick and wounded in war was regulated by customary international law until the nineteenth century when started initiatives for codification and humanization of the laws of war. The first important and concrete step was the establishment of the International Red Cross in Geneva 1863, then in 1864 was adopted the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. In twentieth Century were adopted very important and significant international convention, Geneva Conventions for the Amelioration of the Condition of the Wounded and Sick in Armies in the Filed from 1929, then in 1949 Geneva Conventions for the Protection of War Victims (Geneva Convention I and Geneva Convention II that concerns the above mentioned protected persons and Additional Protocols I and II to the Geneva Conventions of 1949. After the Second World War most states in its Criminal Code provides criminal offence for the war crimes against the wounded and sick. The other countries which did not prescribed in their criminal legislation this criminal offence, they tried their accused for that crime as he/she committed ordinary criminal offence such as murder, bodily harm, robbery, rape, etc, or violation of their Military Code.