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establishments and mobile medical units of the Medical Service are entitled, shall not ceaseunless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. 2447.10.3.1 Acts Harmful to the Enemy. Medical establishments and units mustrefrain from all interference, direct or indirect, in military operations. 245 For example, a hospitalmay not be used as a shelter for able-bodied combatants or fugitives, as an arms or ammunitiondepot, or as a military observation post. 246 A medical unit must not be deliberately situated so asto hamper or impede an enemy attack. 247Acts that are part of their humanitarian duties, such as caring for the wounded and sick,are not a basis for depriving medical units and facilities of their protection. 2487.10.3.2 Due Warning Before Cessation of Protection. Protection may, however,cease only after a due warning has been given, naming, in all appropriate cases, a reasonabletime limit, and after such warning has remained unheeded. 249The obligation to refrain from use of force against a medical unit acting in violation of itsmission and protected status without due warning does not prohibit the exercise of the right ofself-defense. There may be cases in which, in the exercise of the right of self-defense, a warningis not “due” or a reasonable time limit is not appropriate. For example, forces receiving heavyfire from a hospital may exercise their right of self-defense and return fire. 250 Such use of force244 GWS art. 21 (“The protection to which fixed establishments and mobile medical units of the Medical Service areentitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy.Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, areasonable time limit, and after such warning has remained unheeded.”).245 GWS COMMENTARY 201 (“Medical establishments and units must observe, towards the opposing belligerent, theneutrality which they claim for themselves and which is their right under the Convention. Being placed outside thestruggle, they must loyally refrain from all interference, direct or indirect, in military operations.”).246 GWS COMMENTARY 200-01 (“Such harmful acts would, for example, include the use of a hospital as a shelter forable-bodied combatants or fugitives, as an arms or ammunition dump, or as a military observation post; anotherinstance would be the deliberate siting of a medical unit in a position where it would impede an enemy attack.”).247 Compare § 7.12.2.3 (No Hampering the Movement of Combatants).248 GWS COMMENTARY 201 (“The Diplomatic Conference of 1949 stated specifically that protection could onlycease in the case of harmful acts committed by the units ‘outside their humanitarian duties’. It is possible for ahumane act to be harmful to the enemy, or for it to be wrongly interpreted as so being by an enemy lacking ingenerosity. Thus the presence or activities of a medical unit might interfere with tactical operations; so might itslights at night. It was stated, for example, at the Conference, that the waves given off by an X-ray apparatus couldinterfere with the transmission or reception of wireless messages by a military set, or with the working of a radarunit.”).249 GWS art. 21 (“The protection to which fixed establishments and mobile medical units of the Medical Service areentitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy.Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, areasonable time limit, and after such warning has remained unheeded.”).250 See GWS COMMENTARY 202 (“As we have seen, a time limit is to be named ‘in all appropriate cases’. Theremight obviously be cases where no time limit could be allowed. Suppose, for example, that a body of troopsapproaching a hospital were met by heavy fire from every window. Fire would be returned without delay.”).447

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