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assistance from these vessels, order them off, make them take a certain course, control the use oftheir wireless and other means of communication, and even detain them for a period notexceeding seven days from the time of interception, if the gravity of the circumstances sorequires. 308 For example, a belligerent may delay the passage of a hospital ship belonging to itsadversary in order to avoid interference with its military operations. 309Parties to a conflict may put a commissioner temporarily on board such vessels whosesole task shall be to see that these orders are carried out. 310As far as possible, the parties to the conflict shall enter in the log of the hospital ship, in alanguage he or she can understand, the orders they have given the captain of the vessel. 311Parties to the conflict may, either unilaterally or by particular agreements, put on boardtheir ships neutral observers who shall verify the strict observation of the provisions contained inthe GWS-Sea. 3127.12.2.7 Use of Secret Codes for Communication. The GWS-Sea provides thathospital ships may not possess or use a secret code for their wireless or other means ofcommunication. 313 The lack of secret codes for communication was intended to affordbelligerents a guarantee that hospital ships were not improperly participating in hostilities. 314This rule was formulated before developments in modern communications technology made308 GWS-SEA art. 31 (“They can refuse assistance from these vessels, order them off, make them take a certaincourse, control the use of their wireless and other means of communication, and even detain them for a period notexceeding seven days from the time of interception, if the gravity of the circumstances so requires.”).309 For example, J.C. Massop, Hospital Ships in the Second World War, 24 BRITISH YEAR BOOK OF INTERNATIONALLAW, 398, 405-06 (1947) (“The limitation imposed on the immunity of a hospital ship has by Article 12 is flankedby the right conferred on a belligerent by Article 4 to control the movements of a hospital ship on grounds ofoperational necessity. Such a situation arose at least twice during the 1939 war, when the German High Commandwished to pass a hospital ship through the Allied patrol lines to a besieged part. As noted above, no obstacle wasplaced in the way of the voyages to Salonica, but when the Germans sought permission to send a hospital ship toBrest—then invested by Allied forces—it was apparent that it could not pass into the port without seriousinconvenience to the attacking forces, and it was decided to refuse the request until the tactical situation hadclarified.”).310 GWS-SEA art. 31 (“They may put a commissioner temporarily on board whose sole task shall be to see thatorders given in virtue of the provisions of the preceding paragraph are carried out.”).311 GWS-SEA art. 31 (“As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in alanguage he can understand, the orders they have given the captain of the vessel.”).312 GWS-SEA art. 31 (“Parties to the conflict may, either unilaterally or by particular agreements, put on board theirships neutral observers who shall verify the strict observation of the provisions contained in the presentConvention.”).313 GWS-SEA art. 34 (“In particular, hospital ships may not possess or use a secret code for their wireless or othermeans of communication.”).314 GWS-SEA COMMENTARY 193 (“The fact that the use of any secret code is prohibited affords a guarantee to thebelligerents that hospital ships will not make improper use of their transmitting apparatus or any other means ofcommunication. Hospital ships may only communicate in clear, or at least in a code which is universally known,and rightly so, for the spirit of the Geneva Conventions requires that there should be nothing secret in theirbehaviour vis-à-vis the enemy.”).458

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