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In no circumstances may retained personnel be deprived of their insignia or identity cardsnor of the right to wear the armlet. 207 In case of loss, they shall be entitled to receive duplicatesof the cards and to have the insignia replaced. 2087.9.3 Duties of Retained Personnel. Within the framework of the military laws andregulations of the Detaining Power, and under the authority of its competent service, retainedpersonnel shall continue to carry out, in accordance with their professional ethics, their medicaland spiritual duties on behalf of POWs, preferably those of the armed forces to which theythemselves belong. 209 This preference for retained personnel to treat the POWs of the armedforces to which the retained personnel belong is also reflected in the provisions of the GPWrelated to the medical treatment of POWs. 210Like POWs, retained personnel may be subject to disciplinary or judicial proceedings forviolations of the laws and regulations of the Detaining Power. 211If retained personnel refuse to perform their medical duties on behalf of POWs, they areliable to forfeit their status as retained personnel. 2127.9.4 Return of Personnel Whose Retention Is Not Indispensable. Personnel whoseretention is not indispensable to provide for the health and spiritual needs of POWs shall bereturned to the party to the conflict to whom they belong, as soon as a road is open for theirreturn and military requirements permit. 213 As a historical matter, such return has beenexceptional while hostilities are ongoing. 214207 GWS art. 40 (“In no circumstances may the said personnel be deprived of their insignia or identity cards nor ofthe right to wear the armlet.”); GWS-SEA art. 42 (same).208 GWS art. 40 (“In case of loss, they shall be entitled to receive duplicates of the cards and to have the insigniareplaced.”); GWS-SEA art. 42 (same).209 GWS art. 28 (“Within the framework of the military laws and regulations of the Detaining Power, and under theauthority of its competent service, they shall continue to carry out, in accordance with their professional ethics, theirmedical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which theythemselves belong.”); GPW art. 33 (“Members of the medical personnel and chaplains while retained by theDetaining Power with a view to assisting prisoners of war, shall … continue to exercise their medical and spiritualfunctions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which theydepend, within the scope of the military laws and regulations of the Detaining Power and under the control of itscompetent services, in accordance with their professional etiquette.”).210 Refer to § 9.14.2.2 (Treatment by Medical Personnel of the Power on Which They Depend).211 Refer to § 9.26 (General Principles Applicable to POW Discipline); § 9.27 (Disciplinary Proceedings andPunishment); § 9.28 (Judicial Proceedings and Punishment).212 Refer to § 4.9.2.3 (Exclusively Engaged in Humanitarian Duties).213 GWS art. 30 (“Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall bereturned to the Party to the conflict to whom they belong, as soon as a road is open for their return and militaryrequirements permit.”).214 See Lewis C. Vollmar, Jr., Military Medicine in War: The Geneva Conventions Today, Chapter 23 in IIMILITARY MEDICAL ETHICS 739, 746 (2003) (“As it always has been throughout the development of the GenevaConventions, retention of medical personnel remains subordinate to their repatriation. But, if history is anyindication of the future, it is likely that retention will become the rule and repatriation will remain the exception.”).441