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The temporary presence of combatants or other military objectives within a medical unitor facility does not automatically constitute an act harmful to the enemy that forfeits itsprotection from being made the object of attack. More facts would be necessary to establish thatthe medical unit or facility was somehow being used to commit acts harmful to the enemy, suchas if a unit or facility were being used for the purpose of sheltering able-bodied combatants orproviding a base from which military operations were being planned or conducted.7.10.4 Use of the Distinctive Emblem to Facilitate the Identification of Medical Units andFacilities. The GWS contemplates that the distinctive emblem will be used to facilitate theidentification of medical units and facilities as such.7.10.4.1 Flying of the Distinctive Flag of the GWS Over Medical Units andFacilities. The distinctive flag of the GWS shall be hoisted only over such medical units andestablishments as are entitled to be respected under the GWS, and only with the consent of themilitary authorities. 260 In mobile units, as in fixed establishments, it may be accompanied by thenational flag of the party to the conflict to which the unit or establishment belongs. 261Nevertheless, medical units that have fallen into the hands of the enemy shall not fly anyflag other than that of the GWS. 2627.10.4.2 Necessary Steps to Make the Distinctive Emblems Clearly Visible.Parties to the conflict shall take the necessary steps, in so far as military considerations permit, tomake the distinctive emblems indicating medical units and establishments clearly visible to theenemy land, air, and naval forces, in order to obviate the possibility of any hostile action. 2637.10.5 Capture of Military Medical Units and Facilities. Military medical units andfacilities may be captured. Should they fall into the hands of the adverse party, their personnelshall be free to pursue their duties, as long as the capturing Power has not itself ensured thenecessary care of the wounded and sick found in such establishments and units. 264260 GWS art. 42 (“The distinctive flag of the Convention shall be hoisted only over such medical units andestablishments as are entitled to be respected under the Convention, and only with the consent of the militaryauthorities.”).261 GWS art. 42 (“In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Partyto the conflict to which the unit or establishment belongs.”).262 GWS art. 42 (“Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flagother than that of the Convention.”).263 GWS art. 42 (“Parties to the conflict shall take the necessary steps, in so far as military considerations permit, tomake the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air ornaval forces, in order to obviate the possibility of any hostile action.”).264 GWS art. 19 (“Should they fall into the hands of the adverse Party, their personnel shall be free to pursue theirduties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found insuch establishments and units.”).450

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