5cjxburmr

Such special agreements must not adversely affect the situation of protected persons norrestrict the rights that the GC confers upon them. 35415.18 AUTHORIZED PASSAGE OF WOUNDED AND SICK COMBATANTS THROUGH NEUTRALTERRITORYGround transports of wounded and sick combatants may pass through a neutral State’sland territory with the permission of the neutral State. Subject to rules established by the neutralState, medical aircraft of belligerent States may fly over the territory of neutral States, land on itin case of necessity, or use it as a port of call.15.18.1 Authorized Ground Transports of Wounded and Sick Combatants ThroughNeutral Territory. A neutral State may authorize the passage into its territory of wounded or sickpersons belonging to belligerent forces, on condition that such transports shall carry neitherpersonnel nor material of war. 355 In such a case, the neutral Power is bound to take whatevermeasures of safety and control are necessary for the purpose. 356However, if any such persons are committed to the care of the neutral State or remain inthe neutral State’s territory, they must be guarded so as to ensure they do not take part again inthe war. 35715.18.1.1 Discretion of the Neutral State to Authorize Such Passage. The neutralState has the right, but not the obligation, to permit such passage; if provided, such passageshould be provided on an impartial basis to all belligerent States. 358It is not necessary to obtain the consent of the other belligerent States before permittingthe passage of sick and wounded personnel, but it would be advisable to do so if considerablenumbers are involved. 359354 Refer to § 10.1.1.2 (Special Agreements Under the GC).355 HAGUE V art. 14 (“A neutral Power may authorize the passage into its territory of wounded or sick belonging tothe belligerent armies, on condition that the trains bringing them shall carry neither personnel or material of war.”).356 HAGUE V art. 14 (“In such a case, the neutral Power is bound to take whatever measures of safety and control arenecessary for the purpose.”).357 Refer to § 15.16.1.2 (Neutral Duty to Disarm and Intern the Belligerent Forces).358 1956 FM 27-10 (Change No. 1 1976) 541 (“The neutral power is under no obligation to permit the passage of aconvoy of sick and wounded through its territory, but when such a convoy is permitted to pass, the neutral mustexercise control, must see that neither personnel nor material other than that necessary for the care of the sick andwounded is carried, and generally must accord impartiality of treatment to the belligerents.”); 2004 UK MANUAL8.162 (“It is under no obligation to do so but if the privilege is accorded, it must be given to all belligerent statesimpartially.”).359 For example, 2004 UK MANUAL 8.162.1 footnote 427 (“After the battle of Sedan in the Franco-German war of1870–71, the German General Staff wished to send railway trains conveying wounded to Germany through Belgiumand Luxembourg. The French Minister of War protested. He argued, rightly, that this would free lines to bringforward fresh soldiers and ammunition. Belgium, after consulting the British government, decided that, if one of thebelligerents objected, the giving of permission would be a breach of neutrality, and therefore refused it.991