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individuals with a non-medical Military Occupation Specialty permanently assigned to a medicalunit or facility (such as its cooks, clerks and supply personnel, or crews operating permanentmedical aircraft), would qualify for military medical status.4.9.1.3 Chaplains Attached to the Armed Forces. Chaplains attached to the armedforces include any cleric, regardless of faith, who is attached to the armed forces of a belligerentand assigned duties exclusively of a religious or spiritual nature. 2174.9.2 Requirements for Military Medical and Religious Status. To acquire and retainmilitary medical and religious status, members of the armed forces must (1) belong to a forcewhose members qualify for POW status; (2) be designated as exclusive medical or religiouspersonnel by their armed forces; and (3) serve exclusively in a medical or religious capacity.Underlying military medical and religious status is the principle that the armed forceshave committed to use these personnel exclusively in a humanitarian role; thus, these personnelhave a “supra-national” and “quasi-neutral character” because their humanitarian duties placethem “above the conflict.” 2184.9.2.1 Belong to a Force Whose Members Qualify for POW Status. To acquiremilitary medical and religious status, a person must belong to an armed force whose membersqualify for POW status, i.e., the armed forces of a State, regular armed forces who professallegiance to a government or an authority not recognized by the Detaining Power, or othermilitia and volunteer corps meeting the conditions in the GPW. 219 For example, medicalpersonnel belonging to non-State armed groups would not be entitled to retained personnel statusunder the GWS, GWS-Sea, and GPW because their members do not qualify for POW status.Medical Service of the armed forces, and accordingly had to be accorded the same immunity as medical personnelproper. They form an integral part of medical units and establishments, which could not function properly withouttheir help. They too must be exclusively assigned to the Medical Service.”).217 GWS art. 24. Cf. BOTHE, PARTSCH, & SOLF, NEW RULES 99 (AP I art. 8, 2.6) (“In the new definition [of‘religious personnel’ in AP I], the Christian notion of “chaplain” is only used by way of an example. Religiouspersonnel are ministers of any religion. What is a ‘minister’ will not always be easy to determine, because thatconcept varies from religion to religion. Again the word ‘exclusively’ adds some precision. A lay preacher, being,if a ‘minister’, a part-time minister, is not protected as religious personnel. Furthermore, the protection does notextend to every individual minister. The protection granted by the First and Second Conventions only applies tothose attached to the armed forces or to a hospital ship.”).218 GWS COMMENTARY 244 (“On the one hand, the Conference thought it necessary to affirm the supra-national andquasi-neutral character of personnel whose duties placed them above the conflict.”). See also Vowinckel v. FirstFederal Trust Co., 10 F.2d 19, 21 (9th Cir. 1926) (“Red Cross surgeons and nurses, who are engaged exclusively inameliorating the condition of the wounded of the armies in the field, and in alleviating the sufferings of mankind ingeneral, are not enemies of the United States in any proper sense of that term.”); WINTHROP, MILITARY LAW &PRECEDENTS 779 (“Another class who are to be exempt from violence, or seizure as prisoners, are the surgeons,assistants and employees charged with the care and transport of the wounded on the field and the attendance uponthem in field ambulance or hospital. Persons of this class ‘enjoy the rights of neutrality, provided they take noactive part in the operations of war.’”).219 Refer to § 4.5 (Armed Forces of a State); § 4.5.3 (Regular Armed Forces Who Profess Allegiance to aGovernment or an Authority Not Recognized by the Detaining Power); § 4.6 (Other Militia and Volunteer Corps).131

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