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The obligation to refrain from use of force against a medical vessel or sick-bay acting inviolation of its mission and protected status without due warning does not prohibit the exerciseof the right of self-defense. There may be cases in which, in the exercise of the right of selfdefense,a warning is not “due” or a reasonable time limit is not appropriate. For example, forcesreceiving heavy fire may exercise their right of self-defense and return fire. Such use of force inself-defense must also be proportionate. 3457.12.6.2 Conditions That Do Not Deprive Hospital Ships and Sick-Bays of Vesselsof Their Protection. The following conditions shall not be considered as depriving hospital shipsor sick-bays of vessels of the protection due to them:• the fact that the crews of ships or sick-bays are armed for the maintenance of order, fortheir own defense, or for the defense of the sick and wounded;• the presence on board of apparatus exclusively intended to facilitate navigation orcommunication;• the discovery on board hospital ships or in sick-bays of portable arms and ammunitiontaken from the wounded, sick, and shipwrecked, and not yet handed over to the properservice;• the fact that the humanitarian activities of hospital ships and sick-bays of vessels or of thecrews extend to the care of wounded, sick, or shipwrecked civilians; and• the transport of equipment and of personnel intended exclusively for medical duties, overand above the normal requirements. 3467.12.6.3 Arming of Hospital Ships and Equipping Them With Defensive Devices.The GWS-Sea contemplates that the crews of hospital ships may be armed and does notspecifically restrict the weapons that they may have.The crews of hospital ships may be armed to the extent necessary to enable them todefend themselves or their patients against unlawful attacks. Such arming is viewed asconsistent with the ship’s humanitarian purpose and the crew’s duty to safeguard the woundedand sick. For example, crews of hospital ships may be equipped with weapons to meet internalsecurity needs, to maintain discipline, to protect staff and patients from criminal threats ofviolence, and to prevent the theft of medical supplies. The type of weapon that is necessary fordefensive or other legitimate purposes may depend on the nature of the threats against the345 Compare § 7.10.3.2 (Due Warning Before Cessation of Protection).346 GWS-SEA art. 35 (“The following conditions shall not be considered as depriving hospital ships or sick-bays ofvessels of the protection due to them: (1) The fact that the crews of ships or sick-bays are armed for themaintenance of order, for their own defence or that of the sick and wounded. (2) The presence on board ofapparatus exclusively intended to facilitate navigation or communication. (3) The discovery on board hospital shipsor in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handedto the proper service. (4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of thecrews extend to the care of wounded, sick or shipwrecked civilians. (5) The transport of equipment and of personnelintended exclusively for medical duties, over and above the normal requirements.”).464

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