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

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WOUNDED AND SICK 39 When wounded and sick,or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept,subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross,to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes,shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events,more particularly where the whole, or a substantial part,of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. ART.11. -In cases where they deem it advisable in the interest of Conciliation protected persons,particularly in cases of disagreement between the procedure Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may,either at the invitation of one Party or on its own initiative,propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick,members of medical personnel and chaplains, possibly on neutral territory suitably chosen.The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose.The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power or delegated by the International Committee of the Red Cross,who shall be invited to take part in such a meeting.