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hostile acts, outside their humanitarian function. Protection may, however, cease only after awarning has been given setting, whenever appropriate, a reasonable time-limit, and after suchwarning has remained unheeded. 19017.15.2.1 Types of Units and Vehicles That Are Considered Medical Units andTransports. Medical units and transports include those units and vehicles that are exclusively(e.g., permanently) engaged in those activities. 191 For example, units and transports thatintermittently are used in hostilities are not considered medical units and transports.17.15.2.2 Meaning of “Respect and Protection” of Medical Units and Transports.The respect and protection accorded to medical units and transports mean that they must notknowingly be attacked, fired upon, or unnecessarily prevented from discharging their properfunctions. 192Certain medical units and transports, however, are deemed to have accepted the risk ofharm due to their deliberate proximity to military objectives; thus, expected incidental harm tosuch medical units and transports would be understood not to prohibit attacks under theproportionality rule. 193The respect and protection afforded medical units and facilities does not immunize themfrom search or capture. 19417.16 DISPLAY OF THE DISTINCTIVE EMBLEM IN NIACUnder the direction of the competent authority concerned, the distinctive emblem of thered cross, red crescent, or red lion and sun on a white ground shall be displayed by medical andreligious personnel and medical units, and on medical transports. It shall be respected in allcircumstances. It shall not be used improperly. 195These rules also apply to the distinctive emblem of the red crystal. 196190 Consider AP II art. 11(2) (“The protection to which medical units and transports are entitled shall not ceaseunless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, ceaseonly after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warninghas remained unheeded.”).191 Refer to § 4.9.2.3 (Exclusively Engaged in Humanitarian Duties).192 Compare § 7.10.1 (Meaning of “Respect and Protection” of Military Medical Units and Facilities).193 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).194 Compare § 7.10.1.2 (Search Not Prohibited); § 7.10.1.3 (Capture Not Prohibited).195 Consider AP II art. 12 (“Under the direction of the competent authority concerned, the distinctive emblem of thered cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious personneland medical units, and on medical transports. It shall be respected in all circumstances. It shall not be usedimproperly.”).196 Refer to § 7.15.1.3 (Red Crystal); § 17.2.1.1 (Treaties That Have Provisions That Explicitly Apply to NIAC).1045

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