Geneva Convention (I) 4

Geneva Convention (I)

 

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 fulfil their duties under the orders of
the adverse Party and shall preferably be engaged in the care 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 that 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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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