Section 62p. 62

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

to

defend

themselves

and

the

wounded,

sick

and

shipwrecked in their charge.

4. While carrying out the flights referred to in Articles 26

and

27,

medical

aircraft

shall

not,

except

by

prior

agreement with the adverse Party, be used to search for

the wounded, sick and shipwrecked.

Art 29. Notifications and agreements concerning medical

aircraft

1. Notifications under Article 25, or requests for prior

agreement under Articles 26, 27, 28, paragraph 4, or 31

shall state the proposed number of medical aircraft, their

flight plans and means of identification, and shall be

understood to mean that every flight will be carried out in

compliance with Article 28.

2. A Party which receives a notification given under

Article 25 shall at once acknowledge receipt of such

notification. 3. A Party which receives a request for prior

agreement under Articles 25, 27, 28, paragraph 4, or 31

shall, as rapidly as possible, notify the requesting Party:

(a) that the request is agreed to;

(b) that the request is denied; or

(c) of reasonable alternative proposals to the request. It

may also propose prohibition or restriction of other flights

in the area during the time involved. If the Party which

submitted the request accepts the alternative proposals,

it shall notify the other Party of such acceptance.

4. The Parties shall take the necessary measures to

ensure that notifications and agreements can be made

rapidly.

5. The Parties shall also take the necessary measures to

disseminate

rapidly

the

substance

of

any

such

notifications

and

agreements

to

the

military

units

concerned and shall instruct those units regarding the

means of identification that will be used by the medical

aircraft in question.

Art 30. Landing and inspection of medical aircraft

1. Medical aircraft flying over areas which are physically

controlled by an adverse Party, or over areas the physical

control of which is not clearly established, may be ordered

to land or to alight on water, as appropriate, to permit

inspection in accordance with the following paragraphs.

Medical aircraft shall obey any such order.

2. If such an aircraft lands or alights on water, whether

ordered to do so or for other reasons, it may be subjected

to inspection solely to determine the matters referred to

in paragraphs 3 and 4. Any such inspection shall be

commenced

without

delay

and

shall

be conducted

expeditiously. The inspecting Party shall not require the

wounded and sick to be removed from the aircraft unless

their removal is essential for the inspection. That Party

shall in any event ensure that the condition of the

wounded and sick is not adversely affected by the

inspection or by the removal.

3. If the inspection discloses that the aircraft:

(a) is a medical aircraft within the meaning of Article 8,

sub-paragraph j),

(b) is not in violation of the conditions prescribed in

Article 28, and

(c)

has

not

flown

without

or

in

breach of a prior

agreement where such agreement is required,

the aircraft and those of its occupants who belong to the

adverse Party or to a neutral or other State not a Party to

the conflict shall be authorized to continue the flight

without delay.

4. If the inspection discloses that the aircraft:

(a) is not a medical aircraft within the meaning of Article

8, sub-paragraph j),

(b) is in violation or the conditions prescribed in Article 28,

or

(c) has flown without or in breach of a prior agreement

where such agreement is required,

the aircraft may be seized. Its occupants shall be treated

in

conformity

with

the

relevant

provisions

of

the

Conventions and of this Protocol. Any aircraft seized

which

had

been assigned as a permanent medical

aircraft may be used thereafter only as a medical aircraft.

Art 31. Neutral or other States not Parties to the conflict

1. Except by prior agreement, medical aircraft shall not fly

over or land in the territory of a neutral or other State not

a Party to the conflict. However, with such an agreement,

they shall be respected throughout their flight and also

for the duration of any calls in the territory. Nevertheless

they shall obey any summons to land or to alight on

water, as appropriate.

2.

Should

a

medical

aircraft, in the absence of an

agreement

or

in

deviation

from

the

terms

of

an

agreement, fly over the territory of a neutral or other State

not a Party to the conflict, either through navigational

error or because of an emergency affecting the safety of

the flight, it shall make every effort to give notice of the

flight and to identify itself. As soon as such medical

aircraft is recognized, that State 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.

3. If a medical aircraft, either by agreement or in the

circumstances mentioned in paragraph 2, lands or alights

on water in the territory of a neutral or other State not

Party to the conflict, whether ordered to do so or for other

reasons, the aircraft shall be subject to inspection for the

purposes of determining whether it is in fact a medical

aircraft. The inspection shall be commenced without

delay

and

shall

be

conducted

expeditiously.

The

inspecting Party shall not require the wounded and sick

of the Party operating the aircraft to be removed from it

unless their removal is essential for the inspection. The

inspecting Party shall in any event ensure that the

condition of the wounded and sick is not adversely

affected

by

the

inspection

or

the

removal.

If

the

inspection discloses that the aircraft is in fact a medical

aircraft, the aircraft with its occupants, other than those

who must be detained in accordance with the rules of

international law applicable in armed conflict, shall be

allowed to resume its flight, and reasonable facilities shall

be

given

for

the

continuation

of

the

flight.

If

the

inspection discloses that the aircraft is not a medical

aircraft, it shall be seized and the occupants treated in

accordance with paragraph 4.

4. The wounded, sick and shipwrecked disembarked,

otherwise than temporarily, from a medical aircraft with

the consent of the local authorities in the territory of a

neutral or other State not a Party to the conflict shall,

unless agreed otherwise between that State and the

Parties to the conflict, be detained by that State where so

required by the rules of international law applicable in

armed conflict, in such a manner that they cannot again

take part in the hostilities. The cost of hospital treatment

and internment shall be borne by the State to which

those persons belong.

5. Neutral or other States not Parties to the conflict shall

apply any conditions and restrictions on the passage of

medical aircraft over, or on the landing of medical aircraft

in, their territory equally to all Parties to the conflict.

Section III Missing and Dead Persons

Art 32. General principle

In the implementation of this Section, the activities of the

High Contracting Parties, of the Parties to the conflict and

of

the

international

humanitarian

organizations

mentioned in the Conventions and in this Protocol shall

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