Section 9p. 9

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

of the wounded and sick of the Party to the conflict to

which they themselves belong.

On their departure, they shall take with them the effects,

personal

belongings,

valuables

and

instruments

belonging to them.

Art. 31. The selection of personnel for return under Article

30 shall be made irrespective of any consideration of race,

religion or political opinion, but preferably according to

the chronological order of their capture and their state of

health.

As from the outbreak of hostilities, Parties to the conflict

may determine by special agreement the percentage of

personnel to be retained, in proportion to the number of

prisoners and the distribution of the said personnel in the

camps.

Art. 32. Persons designated in Article 27 who have fallen

into the hands of the adverse Party may not be detained.

Unless otherwise agreed, they shall have permission to

return to their country, or if this is not possible, to the

territory of the Party to the conflict in whose service they

were, as soon as a route for their return is open and

military considerations permit.

Pending their release, they shall continue their work

under the direction of the adverse Party; they shall

preferably be engaged in the care of the wounded and

sick of the Party to the conflict in whose service they

were.

On their departure, they shall take with them their effects

personal articles and valuables and the instruments, arms

and if possible the means of transport belonging to them.

The Parties to the conflict shall secure to this personnel,

while in their power, the same food, lodging, allowances

and pay as are granted to the corresponding personnel of

their armed forces. The food shall in any case be sufficient

as regards quantity, quality and variety to keep the said

personnel in a normal state of health.

Chapter V. Buildings and Material

Art. 33. The material of mobile medical units of the armed

forces which fall into the hands of the enemy, shall be

reserved for the care of wounded and sick.

The

buildings,

material

and

stores of fixed medical

establishments of the armed forces shall remain subject

to the laws of war, but may not be diverted from their

purpose as long as they are required for the care of

wounded and sick. Nevertheless, the commanders of

forces in the field may make use of them, in case of

urgent

military

necessity,

provided

that

they

make

previous arrangements for the welfare of the wounded

and sick who are nursed in them.

The material and stores defined in the present Article

shall not be intentionally destroyed.

Art. 34. The real and personal property of aid societies

which are admitted to the privileges of the Convention

shall be regarded as private property.

The right of requisition recognized for belligerents by the

laws and customs of war shall not be exercised except in

case of urgent necessity, and only after the welfare of the

wounded and sick has been ensured.

Chapter VI. Medical Transports

Art. 35. Transports of wounded and sick or of medical

equipment shall be respected and protected in the same

way as mobile medical units.

Should such transports or vehicles fall into the hands of

the adverse Party, they shall be subject to the laws of war,

on condition that the Party to the conflict who captures

them shall in all cases ensure the care of the wounded

and sick they contain.

The

civilian

personnel

and

all

means

of

transport

obtained by requisition shall be subject to the general

rules of international law.

Art. 36. Medical aircraft, that is to say, aircraft exclusively

employed for the removal of wounded and sick and for

the transport of medical personnel and equipment, shall

not

be

attacked,

but

shall

be

respected

by

the

belligerents, while flying at heights, times and on routes

specifically

agreed

upon

between

the

belligerents

concerned.

They shall bear, clearly marked, the distinctive emblem

prescribed in Article 38, together with their national

colours on their lower, upper and lateral surfaces. They

shall be provided with any other markings or means of

identification that may be agreed upon between the

belligerents upon the outbreak or during the course of

hostilities.

Unless

agreed

otherwise,

flights

over

enemy

or

enemy-occupied territory are prohibited.

Medical aircraft shall obey every summons to land. In the

event of a landing thus imposed, the aircraft with its

occupants may continue its flight after examination, if

any.

In the event of an involuntary landing in enemy or

enemy-occupied territory, the wounded and sick, as well

as the crew of the aircraft shall be prisoners of war. The

medical personnel shall be treated according to Article 24

and the Articles following.

Art. 37. Subject to the provisions of the second paragraph,

medical aircraft of Parties to the conflict may fly over the

territory of neutral Powers, land on it in case of necessity,

or use it as a port of call. They shall give the neutral

Powers previous notice of their passage over the said

territory and obey all summons to alight, on land or water.

They will be immune from attack only when flying on

routes, at heights and at times specifically agreed upon

between the Parties to the conflict and the neutral Power

concerned.

The neutral Powers may, however, place conditions or

restrictions on the passage or landing of medical aircraft

on their territory. Such possible conditions or restrictions

shall be applied equally to all Parties to the conflict.

Unless agreed otherwise between the neutral Power and

the Parties to the conflict, the wounded and sick who are

disembarked, with the consent of the local authorities, on

neutral territory by medical aircraft, shall be detained by

the neutral Power, where so required by international law,

in such a manner that they cannot again take part in

operations of war. The cost of their accommodation and

internment shall be borne by the Power on which they

depend.

Chapter VII. The Distinctive Emblem

Art. 38. As a compliment to Switzerland, the heraldic

emblem of the red cross on a white ground, formed by

reversing the Federal colours, is retained as the emblem

and distinctive sign of the Medical Service of armed

forces.

Nevertheless, in the case of countries which already use

as emblem, in place of the red cross, the red crescent or

the red lion and sun on a white ground, those emblems

are

also

recognized

by

the

terms

of

the

present

Convention.

Art. 39. Under the direction of the competent military

authority, the emblem shall be displayed on the flags,

armlets and on all equipment employed in the Medical

Service.

Art. 40. The personnel designated in Article 24 and in

Articles 26 and 27 shall wear, affixed to the left arm, a

water-resistant armlet bearing the distinctive emblem,

issued and stamped by the military authority.

© Compiled by RGL

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