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7.12.2.2 No Use for Military Purposes. Parties to the GWS-Sea undertake not touse these vessels for any military purpose. 298 These vessels must not participate in any way inthe armed conflict or the war effort. 299 For example, these vessels may not be used to relaymilitary orders, transport able-bodied combatants or military equipment, or engage inreconnaissance. 300 Such acts constitute acts harmful to the enemy that forfeit a vessel’sprotection from being made the object of attack and capture. 3017.12.2.3 No Hampering the Movement of Combatants. Such vessels shall in noway hamper the movement of combatants. 302 Any deliberate attempt by a hospital vessel tohamper the movement of combatants would constitute an act harmful to the enemy, althoughthe north Arabian Gulf. Eighty Iraqi military personnel and 40 Iraqi civilians, displaced civilians, all of them insignificant -- who have suffered injuries significantly enough that they are out on the Comfort.”).298 GWS-SEA art. 30 (“The High Contracting Parties undertake not to use these vessels for any military purpose.”).299 GWS-SEA COMMENTARY 179 (“Paragraph 2 [of Article 30 of the GWS-Sea] is self-explanatory. In return forthe immunity which they enjoy, hospital ships must refrain from participating in any way in the armed conflict orwar effort. This refers to acts even more serious than the ‘acts harmful to the enemy’ referred to in Articles 34 and35. What sanction is applied if a hospital ship commits a flagrant violation of its neutral status? It simply loses itsright to protection.”).300 For example, The “Orel,” reported in C. J. B. HURST AND F. E. BRAY, II RUSSIAN AND JAPANESE PRIZE CASES,VII INTERNATIONAL MILITARY LAW & HISTORY 354, 356-57 (1910) (“A hospital ship is only exempt from captureif she fulfils certain conditions and is engaged solely in the humane work of aiding the sick and wounded. That sheis liable to capture, should she be used by the enemy for military purposes, is admitted by International Law, and isclearly laid down by the stipulations of the Hague Convention No. 3 of July 29th, 1899, for the adaptation tomaritime warfare of the principles of the Geneva Convention of August 22nd, 1864. Although the ‘Orel’ had beenlawfully equipped and due notification concerning her had been given by the Russian Government to the JapaneseGovernment, yet her action in communicating the orders of the Commander-in-Chief of the Russian Pacific SecondSquadron to other vessels during her eastward voyage with the squadron, and her attempt to carry persons in goodhealth, i.e. the master and three others of British steamship captured by the Russian fleet, to Vladivostock, which is anaval port in enemy territory, were evidently acts in aid of the military operations of the enemy. Further, when thefacts that she was instructed by the Russian squadron to purchase munitions of war, and that she occupied theposition usually assigned to a ship engaged in reconnaissance, are taken in consideration, it is reasonable to assumethat she was constantly employed for military purposes on behalf of the Russian squadron. She is, therefore, notentitled to the exemptions laid down in The Hague Convention for the adaptation to maritime warfare of theprinciples of the Geneva Convention, and may be condemned according to International Law.”); John D. Long,Secretary of the Navy, General Orders No. 487, Apr. 27, 1898, reprinted in PAPERS RELATING TO THE FOREIGNRELATIONS OF THE UNITED STATES WITH THE ANNUAL MESSAGE OF THE PRESIDENT TRANSMITTED TO CONGRESSDECEMBER 5, 1898 1153 (1901) (“The Solace having been fitted and equipped by the Department as an ambulanceship for the naval service under the terms of the Geneva Convention [of 1868] is about to be assigned to service. …The neutrality of the vessel will, under no circumstances, be changed, nor will any changes be made in herequipment without the authority of the Secretary of the Navy. No guns, ammunition, or articles contraband of war,except coal or stores necessary for the movement of the vessel, shall be placed on board; nor shall the vessel be usedas a transport for the carrying of dispatches, or officers or men not sick or disabled, other than those belonging to themedical department.”).301 Refer to § 7.12.6 (Forfeiture of Protection of Hospital Ships and Sick Bays).302 GWS-SEA art. 30 (“Such vessels shall in no wise hamper the movements of the combatants.”).456

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