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Hospital ships may not use encrypted communications for military purposes (e.g.,transmitting intelligence data) or in any way that is harmful to an adversary. 321 Commissionersor neutral observers may be placed on board hospital ships to verify compliance with this rule. 3227.12.3 Distinctive Marking and Other Identification of Hospital Ships and Coastal RescueCraft. The ships designated for protection by Articles 22, 24, 25, and 27 of the GWS-Sea (i.e.,military hospital ships, commissioned civilian hospital ships, authorized neutral civilian hospitalships, and coastal rescue craft, respectively) shall be distinctively marked as follows:• all exterior surfaces shall be white; and• one or more dark red crosses, as large as possible, shall be painted and displayed on eachside of the hull and on the horizontal surfaces, so placed as to afford the greatest possiblevisibility from the sea and from the air. 3237.12.3.1 Rules for Flying the National Flag, the Flag of the Party to the Conflict,and the Distinctive Emblem Flag. All hospital ships must make themselves known by hoistingtheir national flag and, further, if they belong to a neutral State, the flag of the party to theconflict whose direction they have accepted. 324 A white flag with a red cross shall be flown atthe mainmast as high as possible. 325any other way to acquire military advantage.”); 2004 UK MANUAL 13.125 (“In order to fulfil most effectively theirhumanitarian mission, hospital ships should be permitted to use cryptographic equipment. The equipment shall notbe used in any circumstances to transmit intelligence data nor in any other way to acquire any military advantage.”);320 See, e.g., Jane G. Dalton, Future Navies – Present Issues, 59 NAVAL WAR COLLEGE REVIEW 17, 26 (Winter2006) (“There is no need to belabor here the point that the prohibition on use of a ‘secret code’ by hospital ships isanachronistic, unrealistic, and unworkable in today’s high-technology environment, where satellite communicationsare both routinely encrypted and routinely employed by military systems.”); Louise Doswald-Beck, Vessels, Aircraftand Persons Entitled to Protection During Armed Conflicts at Sea, 65 BRITISH YEARBOOK OF INTERNATIONAL LAW211, 219 (1994) (“The participants working on the San Remo Manual were of the opinion that hospital ships shouldbe allowed to use cryptographic equipment, with a specification that it must not be used for transmitting intelligenceor put to any other use incompatible with the humanitarian mission of the hospital ship. This could be verified by aqualified neutral observer on board as foreseen in Article 31(4) of GC2.”).321 Refer to § 7.12.2.2 (No Use for Military Purposes); § 7.10.3.1 (Acts Harmful to the Enemy).322 Refer to § 7.12.2.6 (Control and Search of Hospital Ships and Coastal Rescue Craft).323 GWS-SEA art. 43 (“The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows:(a) All exterior surfaces shall be white. (b) One or more dark red crosses, as large as possible, shall be painted anddisplayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possiblevisibility from the sea and from the air.”).324 GWS-SEA art. 43 (“All hospital ships shall make themselves known by hoisting their national flag and further, ifthey belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted.”).325 GWS-SEA art. 43 (“A white flag with a red cross shall be flown at the mainmast as high as possible.”).460

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