5cjxburmr

No special agreement shall adversely affect the situation of wounded, sick, andshipwrecked persons, of members of the medical personnel, or of chaplains, as defined by theGWS or the GWS-Sea, nor restrict the rights that the GWS or GWS-Sea confer upon them. 21Wounded, sick, and shipwrecked persons, as well as medical personnel and chaplains,shall continue to have the benefit of such agreements as long as the GWS or GWS-Sea isapplicable to them, except where express provisions to the contrary are contained in these or insubsequent agreements, or where more favorable measures have been taken with regard to themby one or other of the parties to the conflict. 227.2 APPLICATION OF THE PROTECTIONS OF THE GWS AND GWS-SEA7.2.1 Circumstances and Duration of Application of the GWS and GWS-Sea. In general,the GWS-Sea addresses the protection of persons at sea, while the GWS applies to persons onland. In case of hostilities between land and naval forces of parties to the conflict, the provisionsof the GWS-Sea shall apply only to forces on board ship. 23For the wounded and sick, the GWS and GWS-Sea provide corresponding protectionsuntil these persons no longer suffer from that condition. For example, the GWS would no longercover a detained member of the armed forces who recovers from his or her wounds, although theGPW would continue to apply to that person because he or she is a POW. 2420 GWS art. 6 (“In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, theHigh Contracting Parties may conclude other special agreements for all matters concerning which they may deem itsuitable to make separate provision.”); GWS-SEA art. 6 (“In addition to the agreements expressly provided for inArticles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special agreements forall matters concerning which they may deem it suitable to make separate provision.”).21 GWS art. 6 (“No special agreement shall adversely affect the situation of the wounded and sick, of members ofthe medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confersupon them.”); GWS-SEA art. 6 (“No special agreement shall adversely affect the situation of wounded, sick andshipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention,nor restrict the rights which it confers upon them.”).22 GWS art. 6 (“Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit ofsuch agreements as long as the Convention is applicable to them, except where express provisions to the contrary arecontained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken withregard to them by one or other of the Parties to the conflict.”); GWS-SEA art. 6 (“Wounded, sick and shipwreckedpersons, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long asthe Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaidor in subsequent agreements, or where more favourable measures have been taken with regard to them by one orother of the Parties to the conflict.”).23 GWS-SEA art. 4 (“In case of hostilities between land and naval forces of Parties to the conflict, the provisions ofthe present Convention shall apply only to forces on board ship.”).24 GWS COMMENTARY 65 (“It is clear, however, that the Convention will cease to apply to the wounded and sickfrom the moment they are cured. This does not result from the actual Article under review, but from the generalstructure of the Convention. While in enemy hands, the wounded and sick—who are also prisoners of war—enjoyprotection under both the First and Third Conventions. Once they have regained their health, only the ThirdConvention, relative to the treatment of prisoners of war, applies.”).413