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
As regards the _material_, a distinction is drawn between the treatment
of the material of mobile medical units, of fixed medical
establishments, and of material belonging to Voluntary Aid Societies.
(_a_) Mobile medical units which fall into the hands of the enemy must
not be deprived of their material, including their teams, whatever may
be the means of transport and whoever may be the drivers employed
(article 14). The competent military authority is, however, permitted to
make use of the material in captured medical units for the treatment of
the wounded and the sick at hand, provided it is restored under the same
conditions, and so far as possible at the same time, as laid down for
the release of the medical personnel by article 12.
(_b_) The buildings and material of fixed medical establishments which,
because the locality where they are is militarily occupied, fall into
the hands of the enemy, remain, according to article 15, "subject to the
laws of war," that means they remain entirely in the power of the
captor, but they may not be diverted from their medical purpose so long
as they are necessary for the proper treatment of the wounded and the
sick. Should, however, urgent military necessity demand it, a commander
may dispose of them, provided he makes previous arrangements for the
welfare of the wounded and sick found in the fixed establishments.
(_c_) The material of Voluntary Aid Societies, which are duly
recognised, is, according to article 16, considered private property and
must, therefore, be respected as such under all circumstances, although
it may be requisitioned.
[Sidenote: Personnel.]
§ 121. The personnel engaged exclusively in the collection, transport,
and treatment of the wounded and sick, as well as in the administration
of mobile medical units and establishments, the chaplains attached to
armies, and, lastly, pickets and sentinels guarding medical units and
establishments, must, according to article 9, under all circumstances be
respected and protected. If they fall into the hands of the enemy they
must not be treated as prisoners of war. According to article 12,
however, they are not free to act or move without let or hindrance, for,
if their assistance is indispensable, they may be called upon by the
captor to carry on their duties to the wounded and the sick. But when
their assistance is no longer indispensable, they must be sent back to
their army or to their country at such time and by such route as may be
compatible with military exigencies, and they must be allowed to take
with them such effects, instruments, arms, and horses as are their
private property. So long as they are detained by the enemy he must,
according to article 13, grant them the same allowances and the same pay
as are due to the personnel holding the same rank in his own army.
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