International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 119. According to articles 1-5 of the Geneva Convention,[250] the sick
and wounded persons belonging, or officially attached, to armies must be
respected and taken care of, without distinction of nationality, by the
belligerent in whose power they may be. Should, however, a belligerent
necessarily be compelled to abandon such sick and wounded persons to the
enemy, he must, so far as military exigencies permit, leave behind with
them a portion of his medical personnel to take care of them, and the
necessary material. The sick and wounded who have fallen into the hands
of the enemy are prisoners of war, but belligerents may exchange or
release them, or even hand them over to a neutral State which has to
intern them until after the conclusion of peace. After each engagement
the commander in possession of the field must have search made for the
wounded and must take measures to protect them against pillage and
maltreatment. A nominal roll of all wounded and sick who have been
collected must be sent as early as possible to the authorities of the
country or army to which they belong, and the belligerents must keep
each other mutually informed of any internments and changes as well as
of admissions into hospital. It is specially stipulated by article 5
that, if a military authority finds it necessary to appeal to the
charitable zeal of the inhabitants to collect and take care of, under
his direction, the wounded and sick of armies, he can grant to those
who have responded to his appeal special protection and certain
immunities.
[Footnote 250: The stipulations of the Geneva Convention are for the
most part of a technical military character, and it is, therefore,
impossible in a general treatise of International Law to enter into any
details. Readers who take a deeper interest in the matter must be
referred to the most valuable article by Macpherson in _Z.V._ V. (1911),
pp. 253-277.]
[Sidenote: Medical Units and Establishments, and Material.]
§ 120. In order that the wounded and sick may receive proper treatment,
mobile medical units as well as the fixed establishments of the medical
service must be respected and protected by the belligerents, but this
protection ceases if these units and establishments are made use of to
commit acts harmful to the enemy, for instance, to shelter combatants,
to carry on espionage, to conceal arms and ammunition (articles 6 and
7). But article 8 expressly enacts that the units and establishments do
not forego protection:--(_a_) in case the personnel is armed and use
their arms for their own defence or for the defence of the wounded and
sick under their charge; (_b_) in case, in default of armed orderlies,
units or establishments are guarded by pickets or by sentinels furnished
with authority in due form; (_c_) in case weapons and cartridges, taken
from the wounded and not yet handed over to the proper department, are
found in units or establishments.
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