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
Although in this connection the red cross is especially stipulated as
the distinctive emblem, there is no objection to the use by
non-Christian States, who object to the cross on religious grounds, of
another emblem. Thus Turkey reserved the right to use a red crescent,
and Persia to use a red sun.
[Sidenote: Neutral Vessels assisting the Wounded, Sick, or Shipwrecked.]
§ 208. A distinction must be made between neutral men-of-war and private
vessels assisting the sick, wounded, and shipwrecked.
(1) If men-of-war take on board wounded, sick, or shipwrecked persons,
precaution must be taken, so far as possible, that they do not again
take part in the operations of war (article 13). Such individuals must
not, however, be handed over to the adversary but must be detained till
the end of the war.[416]
(2) Neutral merchantmen,[417] yachts, or boats which have of their own
accord rescued sick, wounded, or shipwrecked men, or who have taken such
men on board at the appeal of the belligerent, must, according to
article 9, enjoy special protection and certain immunities. In no case
may they be captured for the sole reason of having such persons on
board. But, subject to any undertaking that may have been given to them,
they remain liable to capture for any violation of neutrality they may
have committed.
[Footnote 416: See below, § 348.]
[Footnote 417: See below, § 348_a_.]
It must be specially observed that, according to article 12, any
man-of-war of either belligerent may demand from merchant ships, yachts,
and boats, whatever the nationality of such vessels, the surrender of
the wounded, sick, or shipwrecked who are on board.
According to the reservation of Great Britain, mentioned above in §
206, article 12 is understood "to apply only to the case of combatants
rescued during or after a naval engagement in which they have taken
part."
[Sidenote: The Religious, Medical, and Hospital Staff.]
§ 209. The religious, medical, and hospital staff of any captured vessel
is inviolable, and the members may not be made prisoners of war, but
they must continue to discharge their duties while necessary. If they do
this, the belligerent into whose hands they have fallen has to give them
the same allowances and the same pay as are granted to persons holding
the same rank in his own navy. They may leave the ship, when the
commander-in-chief considers it possible, and on leaving they are
allowed to take with them all surgical articles and instruments which
are their private property (article 10).
[Sidenote: Application of Convention X., and Prevention of Abuses.]
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