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17.15 PROTECTION OF MEDICAL AND RELIGIOUS PERSONNEL AND MEDICAL TRANSPORTS INNIAC17.15.1 Protection of Medical and Religious Personnel. Medical and religious personnelshall be respected and protected and shall be granted all available help for the performance oftheir duties. They shall not be compelled to carry out tasks that are not compatible with theirhumanitarian mission. 18317.15.1.1 Types of Persons Who Are Considered Medical and ReligiousPersonnel in NIAC. Medical and religious personnel include those persons who are exclusively(e.g., permanently) engaged in those duties. 184 For example, persons who intermittently take adirect part in hostilities are not considered medical and religious personnel. 18517.15.1.2 Meaning of “Respect and Protection” of Medical and ReligiousPersonnel. The respect and protection accorded to medical and religious personnel mean thatthey must not knowingly be attacked, fired upon, or unnecessarily prevented from dischargingtheir proper functions. 186Certain medical and religious personnel, however, are deemed to have accepted the riskof harm due to their deliberate proximity to military objectives; thus, expected incidental harm tosuch persons would be understood not to prohibit attacks under the proportionality rule. 187The respect and protection afforded medical and religious personnel do not immunizethem from search, or from other necessary security measures, or from capture and detention. 188AP II and applicable treaties to which the United States is a Party (such as the 1949 GenevaConventions) do not afford medical and religious personnel belonging to non-State armed groupsretained personnel status if captured.17.15.2 Protection of Medical Units and Transports. Medical units and transports shallbe respected and protected at all times and shall not be the object of attack. 189 The protection towhich medical units and transports are entitled shall not cease unless they are used to commithave engaged in such conduct will be held accountable to the fullest extent.’”). Compare § 7.7.1.1 (NoDisrespectful or Degrading Treatment of the Dead).182 Refer to § 6.12.4.9 (Certain Types of Prohibited Booby-Traps and Other Devices).183 Consider AP II art. 9(1) (“Medical and religious personnel shall be respected and protected and shall be grantedall available help for the performance of their duties. They shall not be compelled to carry out tasks which are notcompatible with their humanitarian mission.”).184 Refer to § 4.9.2.3 (Exclusively Engaged in Humanitarian Duties).185 Refer to § 5.9.3 (“Taking a Direct Part in in Hostilities”).186 Compare § 7.8.2 (Meaning of “Respect and Protection” of Medical and Religious Personnel).187 Compare § 5.12.3.2 (Harm to Certain Individuals Who May Be Employed In or On Military Objectives);§ 7.12.2.5 (Acceptance of the Risk From Proximity to Combat Operations).188 Compare § 7.8.2.2 (Search and Other Security Measures Not Prohibited); § 7.8.2.3 (Capture Not Prohibited).189 Consider AP II art. 11(1) (“Medical units and transports shall be respected and protected at all times and shall notbe the object of attack.”).1044

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