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The protection for ground transports of the wounded and sick, or of medical equipment,may cease only after due warning has been given, naming, in all appropriate cases, a reasonabletime limit, and after such warning has remained unheeded. 2747.11.2 Captured Medical Transport. Should these ground medical transports or vehiclesfall into the hands of the adverse party, they shall be subject to the laws of war, on condition thatthe party to the conflict who captures them shall in all cases ensure the care of the wounded andsick they contain. 275 The reference to the laws of war means that the adverse party may seizeand dispose of the property as enemy property. 276 Thus, the adverse party may use or dispose ofsuch transports (including by removing the distinctive emblem and using the vehicle for a hostilepurpose), provided that the capturing party ensures the care of the wounded and sick beingcarried in such transports. 277The civilian personnel and all means of transport obtained by requisition shall be subjectto the general rules of international law. 278 This rule is stated broadly to account for a variety ofsituations. For example, if the civilian personnel and vehicles have been requisitioned inoccupied territory by the Occupying Power and then captured by a State that is adverse to theOccupying Power, the persons and property would likely belong to the capturing State or a Statethat is friendly to the capturing State and thus likely would not fall under the GC. 279 On theother hand, the civilian personnel and vehicles could have been requisitioned by a belligerentState within in its own territory and, upon capture by enemy forces, the persons and propertylikely would fall under the protection of the GC. 280274 Compare § 7.10.3.2 (Due Warning Before Cessation of Protection).275 GWS art. 35 (“Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject tothe laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of thewounded and sick they contain.”).276 Refer to § 5.17 (Seizure and Destruction of Enemy Property).277 GWS COMMENTARY 282 (“Medical vehicles—like the material of fixed medical establishments—are to besubject to the laws of war. The captor may thus dispose of these vehicles, and may even use them as militarytransport. Naturally, in the latter case, the emblem must be at once removed.”).278 GWS art. 35 (“The civilian personnel and all means of transport obtained by requisition shall be subject to thegeneral rules of international law.”).279 Refer to § 10.3.3 (Categories of Nationals Specifically Excluded From the Definition of Protected Person Underthe GC).280 GWS COMMENTARY 284 (“The general rules of international law must needs apply to such persons and vehicles.These rules cannot be specified as they will vary with the evolution of international law. There are two possiblecases to be considered. In the first place, the persons and vehicles may have been requisitioned in occupied territoryby the Occupying Power; on being captured, they will be released automatically. On the other hand, the persons andvehicles may have been requisitioned by the belligerent within his own territory. On capture, the persons concernedwill have the benefit of the provisions of the Fourth Geneva Convention of 1949. The disposal of the vehicles isgoverned by Articles 52 and 53 of the Hague Regulations.”).452

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