2024-03-07 Testimony Ltc. Kahiwalani, Occupied Forces Hawaii Army

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WOUNDED AND SICK 49 CHAPTER VI Medical Transports ART. 35. — Transports of wounded and sick or of medical Protection 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 Medical employed for the removal of wounded and sick and for the aircraft 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. ART. 37. — Subject to the provisions of the second paragraph, Flight over medical aircraft of Parties to the conflict may fly over the territory neutral of neutral Powers,land on it in case of necessity, or use it as a port Landing o of call. They shall give the neutral Powers previous notice of their wounded f 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.