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However, these individuals may be treated like auxiliary medical personnel or members of thearmed forces who are trained in medical care, but who are not attached to the medical service. 226The requirement that military medical and religious personnel serve exclusively in ahumanitarian capacity not only requires that they refrain from acts harmful to the enemy, but alsohas been interpreted as an affirmative obligation to serve in a humanitarian capacity. Forexample, captured military medical personnel who refuse to perform their medical duties to carefor fellow prisoners would not be entitled to retained personnel status. 2274.10 RIGHTS, DUTIES, AND LIABILITIES OF MILITARY MEDICAL AND RELIGIOUS PERSONNELAlthough military medical and religious personnel are members of, or attached to, thearmed forces and are in many respects treated like combatants, they are afforded specialprivileges so that they may fulfill their humanitarian duties. They must be respected andprotected in all circumstances. In turn, they generally may not commit acts harmful to theenemy. If they fall into the power of the enemy during international armed conflict, they may beretained to care for, or minister to, POWs.4.10.1 Military Medical and Religious Personnel - Conduct of Hostilities. Militarymedical and religious personnel may not be made the object of attack. 228 However, militarymedical and religious personnel must accept the risks of incidental harm from militaryoperations. 229Military medical and religious personnel generally may not commit acts harmful to theenemy (e.g., resisting lawful capture by the enemy military forces). 230 Military medical andreligious personnel, however, may employ arms in self-defense or in defense of their patientsagainst unlawful attacks. 231226 Refer to § 4.13 (Auxiliary Medical Personnel); § 4.5.2.2 (Members Trained as Medical Personnel, but NotAttached to the Medical Service).227 See LEVIE, POWS 74 (“But what of the physician in the power of the enemy who, perhaps for some ideologicalreason, refuses to perform any professional duties and will not provide medical treatment for the sick and woundedmembers of the armed forces of his own Power of Origin? This was the procedure followed by most of the NorthVietnamese medical personnel captured in Vietnam. The South Vietnamese responded by treating them as ordinaryprisoners of war. Once again, there was probably no specific legal basis for such action; but certainly, if a memberof the medical profession refuses to employ his professional abilities, even for the benefit of his own countrymen, heis denying his professional status and, under those circumstances, there is little that a Detaining Power can do exceptto remove him from the category of a retained person and to place him in a general prisoner-of-war status (unless hisrecalcitrance is to be rewarded by repatriation).”).228 Refer to § 7.8.2 (Meaning of “Respect and Protection” of Medical and Religious Personnel).229 Refer to § 7.8.2.1 (Incidental Harm Not Prohibited).230 Refer to § 7.8.3 (Loss of Protection for Medical and Religious Personnel From Being Made the Object of Attack).231 Refer to § 7.10.3.5 (Use of Weapons in Self-Defense or Defense of the Wounded and Sick).133

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