@ Entropy:
You mentioned mostly extenuating circumstances that don't influence the question of "guilty or not?".

@motorfirebox:
Actually, it's a civil war with foreign participation. That's not an international conflict.

"They can involve third States or multinational forces fighting side by side with the government. The situations that come to mind include, for example, the Darfur region in Sudan, Colombia, Eastern DRC or today’s Afghanistan, Iraq, and Somalia. The Geneva Conventions cover all of these situations. Indeed, common Article 3 of the Geneva Conventions deals with any armed conflict not of an international character. That is to say that any armed conflict that it is not an inter-State conflict falls within the scope of common Article 3 of the Conventions."
http://www.icrc.org/Web/Eng/siteeng0...atement-120809

Point me at a single printed GC commentary or at a single neutral (non-U.S.) scholar on IL who agrees with you that article 3 of GC III and IV is not applicable in this case.

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Medical personnel is obliged to mark itself as such in order to avoid misunderstandings as much as possible. This does not rule out that civilians can spontaneously recover wounded and still be protected.