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4.9.2.2 Designated by Their Armed Forces. To acquire military medical andreligious status, members of the armed forces must be designated as such by their armed forces,usually by being part of the official medical or religious service. 220 A member of the armedforces cannot designate himself or herself as military medical or religious personnel.Thus, members of the armed forces do not acquire military medical and religious statusmerely by performing medical or religious functions or by having medical or religious training.For example, a member of a special operations unit might be trained as a medical specialist, butnot be designated as military medical personnel, because that person is expected to perform bothcombatant and medical duties. That person, therefore, would not receive the rights, duties, andliabilities related to military medical status. He or she, however, may be treated like militarymedical personnel while detained by the enemy by being required to perform medical duties. 2214.9.2.3 Exclusively Engaged in Humanitarian Duties. In order to establish andmaintain their status as military medical or religious personnel, these personnel must serveexclusively in a humanitarian capacity. This assignment must generally be permanent. 222Military physicians or other medical specialist personnel who are not exclusivelyengaged in humanitarian duties, such as duties that involve committing acts harmful to theenemy, would not be entitled to military medical status. 223 For example, an Army MedicalCorps or Medical Service Corps officer serving as the commander of a tactical convoy would notbe entitled to military medical status. 224 Similarly, in general, persons who engage in combatsearch and rescue missions would not be exclusively engaged in humanitarian duties, sincepreventing the capture of combatants by the adversary constitutes an act harmful to the enemy. 225220 See GWS COMMENTARY 218 (“Article 24 refers to the official medical personnel and chaplains of the armedforces.”); id. at 220 (“On the other hand, chaplains, to be accorded immunity, must be attached to the armed forces.They do not attach themselves. The decision will rest with the competent military authorities and the relationshipmust be an official one. Accordingly, ministers of religion who wish to serve in a non-official capacity, are notcovered by the Convention, and, until such time as they have been regularly appointed, act at their own risk andperil.”). Cf. GPW art. 32 (referring to POWs “who, though not attached to the medical service of their armed forces,are physicians, surgeons, dentists, nurses or medical orderlies,” as not being entitled to retained personnel status).221 Refer to § 4.5.2.2 (Members Trained as Medical Personnel, but Not Attached to the Medical Service); § 4.5.2.3(Members Who Are Ministers of Religion Without Having Officiated as Chaplains to Their Own Forces).222 See GWS COMMENTARY 219 (“The words ‘exclusively engaged’ indicate that the assignment must be permanent,which is not the case in Article 25 dealing with auxiliary personnel.”).223 Refer to § 7.8.3 (Loss of Protection for Medical and Religious Personnel From Being Made the Object of Attack).224 See W. Hays Parks, Status of Certain Medical Corps and Medical Service Corps Officers under the GenevaConventions, reprinted in THE ARMY LAWYER 5 (8) (Apr. 1989) (“U.S. Army MSC officers, AMEDDnoncommissioned officers, or other Medical Corps personnel serving in positions that do not meet the ‘exclusivelyengaged’ criteria of article 24 are not entitled to its protections but, under article 25, are entitled to protection fromintentional attack during those times in which they are performing medical support functions. This would includephysicians who, while serving as medical company commanders, might be detailed to perform the duties specifiedin paragraph 2b. [2b. The medical company commander, a physician, and the executive officer, an MSC officer,by nature of their positions and grade, may be detailed as convoy march unit commanders. In this position theywould be responsible for medical and nonmedical unit routes of march, convoy control, defense, and repulsingattacks.]”).225 Refer to § 7.10.3.1 (Acts Harmful to the Enemy).132

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