Section 8p. 8

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

has been given, naming, in all appropriate cases, a

reasonable

time

limit,

and

after

such

warning

has

remained unheeded.

Art. 22. The following conditions shall not be considered

as depriving a medical unit or establishment of the

protection guaranteed by Article 19:

(1) That the personnel of the unit or establishment are

armed, and that they use the arms in their own defence,

or in that of the wounded and sick in their charge.

(2) That in the absence of armed orderlies, the unit or

establishment is protected by a picket or by sentries or by

an escort.

(3) That small arms and ammunition taken from the

wounded and sick and not yet handed to the proper

service, are found in the unit or establishment.

(4) That personnel and material of the veterinary service

are found in the unit or establishment, without forming

an integral part thereof.

(5) That the humanitarian activities of medical units and

establishments or of their personnel extend to the care of

civilian wounded or sick.

Art. 23. In time of peace, the High Contracting Parties and,

after the outbreak of hostilities, the Parties thereto, may

establish in their own territory and, if the need arises, in

occupied areas, hospital zones and localities so organized

as to protect the wounded and sick from the effects of

war,

as

well

as

the

personnel

entrusted

with

the

organization

and

administration of these zones and

localities

and

with

the care of the persons therein

assembled.

Upon the outbreak and during the course of hostilities,

the Parties concerned may conclude agreements on

mutual recognition of the hospital zones and localities

they have created. They may for this purpose implement

the provisions of the Draft Agreement annexed to the

present Convention, with such amendments as they may

consider necessary.

The Protecting Powers and the International Committee

of the Red Cross are invited to lend their good offices in

order to facilitate the institution and recognition of these

hospital zones and localities.

Chapter IV. Personnel

Art. 24. Medical personnel exclusively engaged in the

search for, or the collection, transport or treatment of the

wounded or sick, or in the prevention of disease, staff

exclusively engaged in the administration of medical

units and establishments, as well as chaplains attached to

the armed forces, shall be respected and protected in all

circumstances.

Art. 25. Members of the armed forces specially trained for

employment, should the need arise, as hospital orderlies,

nurses or auxiliary stretcher-bearers, in the search for or

the collection, transport or treatment of the wounded

and sick shall likewise be respected and protected if they

are carrying out these duties at the time when they come

into contact with the enemy or fall into his hands.

Art. 26. The staff of National Red Cross Societies and that

of other Voluntary Aid Societies, duly recognized and

authorized by their Governments, who may be employed

on the same duties as the personnel named in Article 24,

are placed on the same footing as the personnel named

in the said Article, provided that the staff of such societies

are subject to military laws and regulations.

Each High Contracting Party shall notify to the other,

either in time of peace or at the commencement of or

during

hostilities,

but

in

any

case

before

actually

employing them, the names of the societies which it has

authorized, under its responsibility, to render assistance

to the regular medical service of its armed forces.

Art. 27. A recognized Society of a neutral country can only

lend the assistance of its medical personnel and units to a

Party to the conflict with the previous consent of its own

Government and the authorization of the Party to the

conflict concerned. That personnel and those units shall

be placed under the control of that Party to the conflict.

The neutral Government shall notify this consent to the

adversary of the State which accepts such assistance. The

Party to the conflict who accepts such assistance is

bound to notify the adverse Party thereof before making

any use of it.

In no circumstances shall this assistance be considered as

interference in the conflict.

The

members

of

the personnel named in the first

paragraph shall be duly furnished with the identity cards

provided for in Article 40 before leaving the neutral

country to which they belong.

Art. 28. Personnel designated in Articles 24 and 26 who

fall into the hands of the adverse Party, shall be retained

only in so far as the state of health, the spiritual needs and

the number of prisoners of war require.

Personnel thus retained shall not be deemed prisoners of

war. Nevertheless they shall at least benefit by all the

provisions of the Geneva Convention relative to the

Treatment of Prisoners of War of 12 August 1949. Within

the framework of the military laws and regulations of the

Detaining

Power,

and

under

the

authority

of

its

competent service, they shall continue to carry out, in

accordance with their professional ethics, their medical

and

spiritual

duties

on

behalf

of

prisoners

of

war,

preferably those of the armed forces to which they

themselves belong. They shall further enjoy the following

facilities for carrying out their medical or spiritual duties:

(a) They shall be authorized to visit periodically the

prisoners of war in labour units or hospitals outside the

camp. The Detaining Power shall put at their disposal the

means of transport required.

(b) In each camp the senior medical officer of the highest

rank shall be responsible to the military authorities of the

camp for the professional activity of the retained medical

personnel.

For

this

purpose,

from

the

outbreak

of

hostilities, the Parties to the conflict shall agree regarding

the corresponding seniority of the ranks of their medical

personnel, including those of the societies designated in

Article 26. In all questions arising out of their duties, this

medical officer, and the chaplains, shall have direct

access to the military and medical authorities of the

camp who shall grant them the facilities they may require

for correspondence relating to these questions.

(c) Although retained personnel in a camp shall be

subject to its internal discipline, they shall not, however,

be required to perform any work outside their medical or

religious duties.

During hostilities the Parties to the conflict shall make

arrangements

for

relieving

where

possible

retained

personnel, and shall settle the procedure of such relief.

None

of

the

preceding

provisions

shall

relieve

the

Detaining Power of the obligations imposed upon it with

regard

to

the

medical

and

spiritual

welfare of the

prisoners of war.

Art. 29. Members of the personnel designated in Article 25

who have fallen into the hands of the enemy, shall be

prisoners of war, but shall be employed on their medical

duties in so far as the need arises.

Art. 30. Personnel whose retention is not indispensable by

virtue of the provisions of Article 28 shall be returned to

the Party to the conflict to whom they belong, as soon as

a road is open for their return and military requirements

permit.

Pending their return, they shall not be deemed prisoners

of war. Nevertheless they shall at least benefit by all the

provisions of the Geneva Convention relative to the

Treatment of Prisoners of War of 12 August 1949. They

shall continue to fulfill their duties under the orders of the

adverse Party and shall preferably be engaged in the care

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