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care of the neutral State, must be guarded by the neutral State so as to ensure they do not takepart again in the operations of the war. 36615.18.2 Medical Aircraft and Neutral Territory. Subject to conditions and restrictionsestablished by the neutral State, medical aircraft of belligerent States may fly over the territory ofneutral States, land on it in case of necessity, or use it as a port of call. 367 Belligerent States shallgive the neutral States previous notice of their passage over the neutral State and obey allsummons to alight, on land or water. 368The neutral State may place conditions or restrictions on the passage or landing ofmedical aircraft on its territory. 369 Such conditions or restrictions shall be applied equally to allbelligerent States. 370 Belligerent States’ medical aircraft would be immune from attack onlywhen flying on routes, at heights, and at times specifically agreed upon between the belligerentStates and the neutral State concerned. 371As a general matter, the wounded and sick who are disembarked, with the consent of thelocal authorities, on neutral territory by medical aircraft, shall be detained by the neutral State,where so required by international law, in such a manner that they cannot again take part inmilitary operations. 372366 HAGUE V art. 14 (“The wounded and sick brought under these conditions into neutral territory by one of thebelligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not takingpart again in the operations of the war. The same duty shall devolve on the neutral State with regard to wounded orsick of the other army who may be committed to its care.”).367 GWS art. 37 (“Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict mayfly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call.”); GWS-SEA art. 40(same).368 GWS art. 37 (“They shall give the neutral Powers previous notice of their passage over the said territory andobey all summons to alight, on land or water.”); GWS-SEA art. 40 (same).369 GWS art. 37 (“The neutral Powers may, however, place conditions or restrictions on the passage or landing ofmedical aircraft on their territory.”); GWS-SEA art. 40 (same).370 GWS art. 37 (“Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.”);GWS-SEA art. 40 (same).371 GWS art. 37 (“They will be immune from attack only when flying on routes, at heights and at times specificallyagreed upon between the Parties to the conflict and the neutral Power concerned.”); GWS-SEA art. 40 (same).372 Refer to § 15.16.2.3 (Wounded and Sick Disembarked From Belligerent Medical Aircraft).993

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