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7.8.2 Meaning of “Respect and Protection” of Medical and Religious Personnel. Therespect and protection accorded medical and religious personnel by the GWS and GWS-Seamean that they must not knowingly be attacked, fired upon, or unnecessarily prevented fromdischarging their proper functions. 1687.8.2.1 Incidental Harm Not Prohibited. The incidental killing or wounding ofsuch personnel, due to their presence among or in proximity to combatant elements actuallyengaged by fire directed at the latter, gives no just cause for complaint. 169 Because medical andreligious personnel are deemed to have accepted the risk of death or further injury due toproximity to military operations, they need not be considered as incidental harm in assessingproportionality in conducting attacks. 1707.8.2.2 Search and Other Security Measures Not Prohibited. Medical andreligious personnel are not immune from search or other necessary security measures by theenemy. 171 Searches of medical and religious personnel, and other security measures applied tothem, should be consistent with the rules applicable when such actions are taken with respect toPOWs. 1727.8.2.3 Capture Not Prohibited. The respect and protection afforded medical andreligious personnel do not immunize them from detention. 173 However, certain classes ofmedical and religious personnel are, under other rules, exempt from detention or capture. 1747.8.3 Loss of Protection for Medical and Religious Personnel From Being Made theObject of Attack. Medical and religious personnel forfeit their protected status and thereforemay be made the object of attack if they, outside of their humanitarian duties, participate inhostilities or otherwise commit acts harmful to the enemy. 175167 GWS-SEA art. 36 (“The religious, medical and hospital personnel of hospital ships and their crews shall berespected and protected; they may not be captured during the time they are in the service of the hospital ship,whether or not there are wounded and sick on board.”).168 1956 FM 27-10 (Change No. 1 1976) 225 (“b. What is Meant by Respect and Protection. The respect andprotection accorded personnel of certain categories by Articles 19 (par. 220), 24 (par. 67), and 25 (par. 226), GWS,mean that they must not knowingly be attacked, fired upon, or unnecessarily prevented from discharging theirproper functions. The accidental killing or wounding of such personnel, due to their presence among or in proximityto combatant elements actually engaged, by fire directed at the latter, gives no just cause for complaint.”).169 See GREENSPAN, MODERN LAW OF LAND WARFARE 57 (Medical personnel and chaplains “must accept the risksof accidental death or injury as a result of war operations.”).170 Refer to § 5.12.3.2 (Harm to Certain Individuals Who May Be Employed In or On Military Objectives).Compare § 7.12.2.5 (Acceptance of the Risk From Proximity to Combat Operations).171 Refer to § 7.10.1.2 (Search Not Prohibited).172 Refer to § 9.6 (Security Measures With Respect to POWs).173 Refer to § 7.9 (Captured Medical and Religious Personnel).174 Refer to § 7.9.1.1 (Medical and Religious Personnel Who Are Exempt From Capture and Detention).175 GWS COMMENTARY 221 (“Nevertheless, to enjoy immunity, they must naturally abstain from any form ofparticipation—even indirect—in hostile acts. We saw in Article 21 that the protection to which medical units areentitled ceases if they are used to commit acts ‘harmful to the enemy’. This proviso obviously applies to medical436

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