Geneva Convention (I)

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.

Such personnel, in addition to wearing the identity disc mentioned in
Article 16, shall also carry a special identity card bearing the
distinctive emblem. This card shall be water-resistant and of such size
that it can be carried in the pocket. It shall be worded in the national
language, and shall mention at least the surname and first names, the date
of birth, the rank and the service number of the bearer, and shall state in
what capacity he is entitled to the protection of the present Convention.
The card shall bear the photograph of the owner and also either his
signature or his finger-prints or both. It shall be embossed with the stamp
of the military authority.

The identity card shall be uniform throughout the same armed forces and, as
far as possible, of a similar type in the armed forces of the High
Contracting Parties. The Parties to the conflict may be guided by the model
which is annexed, by way of example, to the present Convention. They shall
inform each other, at the outbreak of hostilities, of the model they are
using. Identity cards should be made out, if possible, at least in
duplicate, one copy being kept by the home country .

In no circumstances may the said personnel be deprived of their insignia or
identity cards nor of the right to wear the armlet. In case of loss, they
shall be entitled to receive duplicates of the cards and to have the
insignia replaced.

Art. 41. The personnel designated in Article 25 shall wear, but only while
carrying out medical duties, a white armlet bearing in its centre the
distinctive sign in miniature; the armlet shall be issued and stamped by
the military authority.

Military identity documents to be carried by this type of personnel shall
specify what special training they have received, the temporary character
of the duties they are engaged upon, and their authority for wearing the
armlet.

Art. 42. The distinctive flag of the Convention shall be hoisted only over
such medical units and establishments as are entitled to be respected under
the Convention, and only with the consent of the military authorities.
In mobile units, as in fixed establishments, it may be accompanied by the
national flag of the Party to the conflict to which the unit or
establishment belongs.

Nevertheless, medical units which have fallen into the hands of the enemy
shall not fly any flag other than that of the Convention. Parties to the
conflict shall take the necessary steps, in so far as military
considerations permit, to make the distinctive emblems indicating medical
units and establishments clearly visible to the enemy land, air or naval
forces, in order to obviate the possibility of any hostile action.

Art. 43. The medical units belonging to neutral countries, which may have
been authorized to lend their services to a belligerent under the
conditions laid down in Article 27, shall fly, along with the flag of the
Convention, the national flag of that belligerent, wherever the latter
makes use of the faculty conferred on him by Article 42.

Subject to orders to the contrary by the responsible military authorities,
they may on all occasions fly their national flag, even if they fall into
the hands of the adverse Party.

Art. 44. With the exception of the cases mentioned in the following
paragraphs of the present Article, the emblem of the red cross on a white
ground and the words “Red Cross”or “Geneva Cross “may not be employed,
either in time of peace or in time of war, except to indicate or to protect
the medical units and establishments, the personnel and material protected
by the present Convention and other Conventions dealing with similar
matters. The same shall apply to the emblems mentioned in Article 38,
second paragraph, in respect of the countries which use them. The National
Red Cross Societies and other societies designated in Article 26 shall have
the right to use the distinctive emblem conferring the protection of the
Convention only within the framework of the present paragraph.

Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies
may, in time of peace, in accordance with their rational legislation, make
use of the name and emblem of the Red Cross for their other activities
which are in conformity with the principles laid down by the International
Red Cross Conferences. When those activities are carried out in time of
war, the conditions for the use of the emblem shall be such that it cannot
be considered as conferring the protection of the Convention; the emblem
shall be comparatively small in size and may not be placed on armlets or on
the roofs of buildings.

The international Red Cross organizations and their duly authorized
personnel shall be permitted to make use, at all times, of the emblem of
the red cross on a white ground.

As an exceptional measure, in conformity with national legislation and with
the express permission of one of the National Red Cross (Red Crescent, Red
Lion and Sun) Societies, the emblem of the Convention may be employed in
time of peace to identify vehicles used as ambulances and to mark the
position of aid stations exclusively assigned to the purpose of giving free
treatment to the wounded or sick.

CHAPTER VIII

Execution of the Convention

Art. 45. Each Party to the conflict, acting through its
Commanders-in-Chief, shall ensure the detailed execution of the preceding
Articles, and provide for unforeseen cases, in conformity with the general
principles of the present Convention.

Art. 46. Reprisals against the wounded, sick, personnel, buildings or
equipment protected by the Convention are prohibited.

Art. 47. The High Contracting Parties undertake, in time of peace as in
time of war, to disseminate the text of the present Convention as widely as
possible in their respective countries, and, in particular, to include the
study thereof in their programmes of military and, if possible, civil
instruction, so that the principles thereof may become known to the entire
population, in particular to the armed fighting forces, the medical
personnel and the chaplains.

Art. 48. The High Contracting Parties shall communicate to one another
through the Swiss Federal Council and, during hostilities, through the
Protecting Powers, the official translations of the present Convention, as
well as the laws and regulations which they may adopt to ensure the
application thereof.

Author: international