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

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52 FIRST GENEVA CONVENTION OF 1949 Marking of ART. 43. — The medical units belonging to neutral countries, units of which may have been authorized to lend their services to a neutral belligerent under the conditions laid down in Article 27, shall fly, countries g 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. Restrictions ART. 44. — With the exception of the cases mentioned in the in the use of following paragraphs of the present Article,the emblem of the red the Exce ions cross on a white ground and the words "Red Cross", or "Geneva P 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 national 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.