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to verify the equipment carried. 353given. 354For this purpose, free access to the equipment shall be7.14 MILITARY MEDICAL AIRCRAFTMedical aircraft – that is to say, aircraft exclusively employed for the removal of thewounded, sick, and shipwrecked, and for the transport of medical personnel and equipment –shall not be attacked, but shall be respected by the belligerents, while flying at heights and times,and on routes, specifically agreed upon by the belligerents concerned. 3557.14.1 Medical Aircraft Not Flying at Heights and Times and on Routes SpecificallyAgreed Upon by Belligerents Concerned. The use of protected medical aircraft generallydepends on an agreement between the belligerents. 356However, known medical aircraft, when performing their humanitarian functions, mustbe respected and protected. 357 Such aircraft does not constitute a military objective that is liableto being made the object of attack. 358 Thus, even if not flying pursuant to an agreement, suchaircraft shall not be deliberately attacked or fired upon, if identified as protected medical aircraft.For example, if there is no agreement and a military force happens upon a medical aircraftbelonging to an enemy State, the aircraft must not be made the object of attack until all other353 GWS-SEA art. 38 (“By agreement amongst the Parties to the conflict, neutral observers may be placed on boardsuch ships to verify the equipment carried.”).354 GWS-SEA art. 38 (“For this purpose, free access to the equipment shall be given.”).355 GWS art. 36 (“Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sickand for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by thebelligerents, while flying at heights, times and on routes specifically agreed upon between the belligerentsconcerned.”); GWS-SEA art. 39 (“Medical aircraft, that is to say, aircraft exclusively employed for the removal ofthe wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the objectof attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on routesspecifically agreed upon between the Parties to the conflict concerned.”).356 GWS-SEA COMMENTARY 216-17 (“The solution adopted makes any future use of protected medical aircraftdependent on the conclusion of an agreement between the belligerents. As it will be a matter of fixing routes andtimes of flights, such agreements will no doubt usually be made for each specific case and by a simple exchange ofcommunications between the military commands. But there might also be an agreement of longer duration. If thereis no agreement, belligerents will be able to use medical aircraft only at their own risk. It is, however, to be hopedthat in such cases the enemy will not resort to extreme measures until he has exhausted all other means of control athis disposal.”).357 Michael J. Matheson, Deputy Legal Adviser, Department of State, Remarks on the United States Position on theRelation of Customary International Law to the 1977 Protocols Additional to the 1949 Geneva Conventions at theSixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law(Jan. 22, 1987), 2 AMERICAN UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLICY 419, 423-24 (1987) (“Wesupport the principle that known medical aircraft be respected and protected when performing their humanitarianfunctions. That is a rather general statement of what is reflected in many, but not all, aspects of the detailed rules inarticles 24 through 31, which include some of the more useful innovations in the Protocol.”).358 Refer to § 5.7.4.1 (Military Equipment and Bases).466

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