10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Such individuals may be held temporarily pending determination of their status or untilconditions permit their safe return or release. 1917.9.1.2 Medical and Religious Personnel Who May Be Retained. Certain classesof medical and religious personnel who fall into the hands of the adverse party shall be retainedonly in so far as the state of health, the spiritual needs, and the number of POWs require. 192Personnel who are retained in this way are not considered POWs. 193These classes of personnel include:• military medical and religious personnel, including 194o medical personnel exclusively engaged in medical duties; 195o administrative staff exclusively engaged in support to medical units; 196 ando chaplains attached to the armed forces; 197 and• authorized staff of voluntary aid societies. 1987.9.1.3 Persons Performing Medical or Religious Duties Who Are Held as POWs.Certain classes of persons who perform medical or religious duties are held as POWs if they fallinto the hands of the enemy during international armed conflict. These classes of personnelinclude:• auxiliary medical personnel, if they are carrying out their medical duties at the time whenthey come into contact with the enemy or fall into the enemy’s hands; 199• members of the armed forces who are trained as medical personnel, but not attached tothe medical service; 200191 Refer to § 4.12 (Staff of a Recognized Aid Society of a Neutral Country).192 GWS art. 28 (“Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall beretained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.”).193 GPW art. 33 (“Members of the medical personnel and chaplains while retained by the Detaining Power with aview to assisting prisoners of war, shall not be considered as prisoners of war.”); GWS art. 28 (“Personnel thusretained shall not be deemed prisoners of war.”). See also GPW art. 4C (“This Article shall in no way affect thestatus of medical personnel and chaplains as provided for in Article 33 of the present Convention.”).194 Refer to § 4.9 (Military Medical and Religious Personnel).195 Refer to § 4.9.1.1 (Medical Personnel Exclusively Engaged in Medical Duties).196 Refer to § 4.9.1.2 (Staff Exclusively Engaged in Support to Medical Units and Establishments).197 Refer to § 4.9.1.3 (Chaplains Attached to the Armed Forces).198 Refer to § 4.11 (Authorized Staff of Voluntary Aid Societies).199 Refer to § 4.13 (Auxiliary Medical Personnel).200 Refer to § 4.5.2.2 (Members Trained as Medical Personnel, but Not Attached to the Medical Service).439

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!