Section 61p. 61

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(d) the wounded; sick and shipwrecked on board.

shall

also

apply

where

these

vessels

carry

civilian

wounded, sick and shipwrecked who do not belong to

any of the categories mentioned in Article 13 of the

Second Convention. Such civilians shall not, however, be

subject to surrender to any Party which is not their own,

or to capture at sea. If they find themselves in the power

of a Party to the conflict other than their own they shall

be

covered

by

the

Fourth

Convention

and

by this

Protocol.

2. The protection provided by the Conventions to vessels

described in Article 25 of the Second Convention shall

extend to hospital ships made available for humanitarian

purposes to a Party to the conflict:

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

conflict; or

(b)

by

an

impartial

international

humanitarian

organization,

provided that, in either case, the requirements set out in

that Article are complied with.

3. Small craft described in Article 27 of the Second

Convention shall be protected, even if the notification

envisaged by that Article has not been made. The Parties

to the conflict are, nevertheless, invited to inform each

other of any details of such craft which will facilitate their

identification and recognition.

Art 23. Other medical ships and craft

1. Medical ships and craft other than those referred to in

Article 22 of this Protocol and Article 38 of the Second

Convention shall, whether at sea or in other waters, be

respected and protected in the same way as mobile

medical units under the Conventions and this Protocol.

Since this protection can only be effective if they can be

identified and recognized as medical ships or craft, such

vessels should be marked with the distinctive emblem

and as far as possible comply with the second paragraph

of Article 43 of the Second Convention.

2. The ships and craft referred to in paragraph 1 shall

remain subject to the laws of war. Any warship on the

surface able immediately to enforce its command may

order them to stop, order them off, or make them take a

certain course, and they shall obey every such command.

Such ships and craft may not in any other way be

diverted from their medical mission so long as they are

needed for the wounded, sick and shipwrecked on board.

3. The protection provided in paragraph 1 shall cease only

under the conditions set out in Articles 34 and 35 of the

Second Convention. A clear refusal to obey a command

given in accordance with paragraph 2 shall be an act

harmful to the enemy under Article 34 of the Second

Convention.

4. A Party to the conflict may notify any adverse Party as

far

in

advance

of

sailing

as possible of the name,

description,

expected

time

of

sailing,

course

and

estimated speed of the medical ship or craft, particularly

in the case of ships of over 2,000 gross tons, and may

provide any other information which would facilitate

identification and recognition. The adverse Party shall

acknowledge receipt of such information.

5. The provisions of Article 37 of the Second Convention

shall apply to medical and religious personnel in such

ships and craft.

6. The provisions of the Second Convention shall apply to

the wounded, sick and shipwrecked belonging to the

categories

referred

to

in

Article

13

of

the

Second

Convention and in Article 44 of this Protocol who may be

on board such medical ships and craft. Wounded, sick

and shipwrecked civilians who do not belong to any or

the categories mentioned in Article 13 of the Second

Convention

shall

not

be

subject,

at

sea,

either

to

surrender to any Party which is not their own, or to

removal from such ships or craft; if they find themselves

in the power of a Party to the conflict other than their

own, they shall be covered by the Fourth Convention and

by this Protocol.

Art 24. Protection of medical Aircraft

Medical aircraft shall be respected and protected, subject

to the provisions of this Part.

Art 25. Medical aircraft in areas not controlled by an

adverse Party

In and over land areas physically controlled by friendly

forces, or in and over sea areas not physically controlled

by

an adverse Party, the respect and protection of

medical aircraft of a Party to the conflict is not dependent

on any agreement with an adverse Party. For greater

safety, however, a Party to the conflict operating its

medical aircraft in these areas may notify the adverse

Party, as provided in Article 29, in particular when such

aircraft are making flights bringing them within range of

surface-to-air weapons systems of the adverse Party.

Art 26. Medical aircraft in contact or similar zones

1. ln and over those parts of the contact zone which are

physically controlled by friendly forces and in and over

those areas the physical control of which is not clearly

established, protection for medical aircraft can be fully

effective

only

by

prior

agreement

between

the

competent military authorities of the Parties to the

conflict, as provided for in Article 29. Although, in the

absence of such an agreement, medical aircraft operate

at their own risk, they shall nevertheless be respected

after they have been recognized as such.

2. "Contact zone" means any area on land where the

forward elements of opposing forces are in contact with

each other, especially where they are exposed to direct

fire from the ground.

Art 27. Medical aircraft in areas controlled by an adverse

Party

1. The medical aircraft of a Party to the conflict shall

continue to be protected while flying over land or sea

areas physically controlled by an adverse Party, provided

that prior agreement to such flights has been obtained

from the competent authority of that adverse Party.

2. A medical aircraft which flies over an area physically

controlled by an adverse Party without, or in deviation

from

the

terms

of,

an

agreement

provided

for

in

paragraph 1, either through navigational error or because

of an emergency affecting the safety of the flight, shall

make every effort to identify itself and to inform the

adverse Party of the circumstances. As soon as such

medical aircraft has been recognized by the adverse

Party, that Party shall make all reasonable efforts to give

the order to land or to alight on water, referred to in

Article 30, paragraph 1, or to take other measures to

safeguard its own interests, and, in either case, to allow

the aircraft time for compliance, before resorting to an

attack against the aircraft.

Art 28. Restrictions on operations of medical aircraft

1. The Parties to the conflict are prohibited from using

their medical aircraft to attempt to acquire any military

advantage

over

an

adverse

Party.

The

presence

of

medical aircraft shall not be used in an attempt to render

military objectives immune from attack.

2. Medical aircraft shall not be used to collect or transmit

intelligence data and shall not carry any equipment

intended for such purposes. They are prohibited from

carrying any persons or cargo not included within the

definition in Article 8 (f). The carrying on board of the

personal

effects

of

the

occupants

or of equipment

intended solely to facilitate navigation, communication or

identification shall not be considered as prohibited,

3. Medical aircraft shall not carry any armament except

small arms and ammunition taken from the wounded,

sick and shipwrecked on board and not yet handed to the

proper service, and such light individual weapons as may

be necessary to enable the medical personnel on board

© Compiled by RGL

61 of 163