Section 59p. 59

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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.

Art 9. Field of application

1. This Part, the provisions of which are intended to

ameliorate

the

condition

of the wounded, sick and

shipwrecked,

shall

apply

to

all

those affected by a

situation referred to in Article 1, without any adverse

distinction

founded

on

race,

colour,

sex,

language,

religion or belief political or other opinion, national or

social origin, wealth, birth or other status, or on any other

similar criteria.

2. The relevant provisions of Articles 27 and 32 of the First

Convention shall apply to permanent medical units and

transports (other than hospital ships, to which Article 25

of the Second Convention applies) and their personnel

made available to a Party to the conflict for humanitarian

purposes:

(a) by a neutral or other State which is not a Party to that

conflict;

(b) by a recognized and authorized aid society of such a

State;

(c)

by

an

impartial

international

humanitarian

organization.

Art 10. Protection and care

1. All the wounded, sick and shipwrecked, to whichever

Party they belong, shall be respected and protected.

2. In all circumstances they shall be treated humanely

and shall receive, to the fullest extent practicable and

with the least possible delay, the medical care and

attention required by their condition. There shall be no

distinction among them founded on any grounds other

than medical ones.

Article 11 - Protection of persons

1. The physical or mental health and integrity of persons

who are in the power of the adverse Party or who are

interned, detained or otherwise deprived of liberty as a

result of a situation referred to in Article 1 shall not be

endangered

by

any

unjustified

act

or

omission.

Accordingly,

it

is

prohibited

to

subject the persons

described in this Article to any medical procedure which

is not indicated by the state of health of the person

concerned and which is not consistent with generally

accepted medical standards which would be applied

under similar medical circumstances to persons who are

nationals of the Party conducting the procedure and who

are in no way deprived of liberty.

2. It is, in particular, prohibited to carry out on such

persons, even with their consent:

(a) physical mutilations;

(b) medical or scientific experiments;

(c) removal of tissue or organs for transplantation, except

where these acts are justified in conformity with the

conditions provided for in paragraph 1.

3. Exceptions to the prohibition in paragraph 2 (c) may be

made

only

in

the

case

of

donations

of

blood

for

transfusion or of skin for grafting, provided that they are

given

voluntarily

and

without

any

coercion

or

inducement, and then only for therapeutic purposes,

under

conditions

consistent with generally accepted

medical standards and controls designed for the benefit

of both the donor and the recipient.

4. Any wilful act or omission which seriously endangers

the physical or mental health or integrity of any person

who is in the power of a Party other than the one on

which he depends and which either violates any of the

prohibitions in paragraphs 1 and 2 or fails to comply with

the requirements of paragraph 3 shall be a grave breach

of this Protocol.

5. The persons described in paragraph 1 have the right to

refuse any surgical operation. In case of refusal, medical

personnel shall endeavour to obtain a written statement

to that effect, signed or acknowledged by the patient.

6. Each Party to the conflict shall keep a medical record

for every donation of blood for transfusion or skin for

grafting by persons referred to in paragraph 1, if that

donation is made under the responsibility of that Party. In

addition, each Party to the conflict shall endeavour to

keep a record of all medical procedures undertaken with

respect to any person who is interned, detained or

otherwise deprived of liberty as a result of a situation

referred to in Article 1. These records shall be available at

all times for inspection by the Protecting Power.

Art 12 Protection of medical units

1. Medical units shall be respected and protected at all

times and shall not be the object of attack.

2.

Paragraph

1 shall apply to civilian medical units,

provided that they:

(a) belong to one of the Parties to the conflict;

(b) are recognized and authorized by the competent

authority of one of the Parties to the conflict; or

(c) are authorized in conformity with Article 9, paragraph

2, of this Protocol or Article 27 of the First Convention.

3. The Parties to the conflict are invited to notify each

other of the location of their fixed medical units. The

absence of such notification shall not exempt any of the

Parties from the obligation to comply with the provisions

of paragraph 1.

4. Under no circumstances shall medical units be used in

an attempt to shield military objectives from attack.

Whenever possible, the Parties to the conflict shall ensure

that medical units are so sited that attacks against

military objectives do not imperil their safety.

Art 13. Discontinuance of protection of civilian medical

units

1. The protection to which civilian medical units are

entitled shall not cease unless they are used to commit,

outside their humanitarian function, acts harmful to the

enemy. Protection may, however, cease only after a

warning has been given setting, whenever appropriate, a

reasonable

time-limit,

and

after

such

warning

has

remained unheeded.

2. The following shall not be considered as acts harmful to

the enemy:

(a) that the personnel of the unit are equipped with light

individual weapons for their own defence or for that of

the wounded and sick in their charge;

(b) that the unit is guarded by a picket or by sentries or by

an escort;

(c) that small arms and ammunition taken from the

wounded and sick, and not yet handed to the proper

service, are found in the units;

(d)

that

members

of

the

armed

forces

or

other

combatants are in the unit for medical reasons.

Art 14 - Limitations on requisition of civilian medical units

1. The Occupying Power has the duty to ensure that the

medical needs of the civilian population in occupied

territory continue to be satisfied.

2. The Occupying Power shall not, therefore, requisition

civilian medical units, their equipment, their materiel or

the services of their personnel, so long as these resources

are necessary for the provision of adequate medical

services for the civilian population and for the continuing

medical care of any wounded and sick already under

treatment.

© Compiled by RGL

59 of 163