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no objection to converting ordinary aircraft into medical aircraft for use under a specialagreement or to using medical aircraft that have been used under a special agreement for otherpurposes, provided the distinctive markings are removed. 3647.14.2.2 Search, Rescue, or Other Recovery Excluded. Medical aircraft mayengage in the removal of wounded, sick, or shipwrecked combatants. However, medical aircraftmay neither prevent the capture of combatants by enemy military forces nor otherwise interferewith enemy military operations. 365 Therefore, medical aircraft do not include combat search andrescue aircraft, and medical aircraft should not engage in such activities lest they forfeit thespecial protection afforded by the GWS or GWS-Sea. 366 Special agreements between theopposing forces, however, may provide protection to aircraft engaged in search, rescue, or otherrecovery missions.7.14.3 Markings on Medical Aircraft. Medical aircraft shall bear, clearly marked, thedistinctive emblem (prescribed in Article 38 of the GWS and Article 41 of the GWS-Sea),together with their national colors, on their lower, upper, and lateral surfaces. 367They shall be provided with any other markings or means of identification that may beagreed upon between the belligerents upon the outbreak or during the course of hostilities. 3687.14.4 Prohibition on Flights Over Enemy or Enemy-Occupied Territory. Unlessotherwise agreed, flights over enemy or enemy-occupied territory are prohibited. 369 If flying364 1956 FM 27-10 (Change No. 1 1976) 237b (“There is no objection to converting ordinary aircraft into medicalaircraft or to using former medical aircraft for other purposes, provided the distinctive markings are removed.”).365 Compare § 7.12.2.3 (No Hampering the Movement of Combatants); § 4.9.2.3 (Exclusively Engaged inHumanitarian Duties).366 XI OFFICIAL RECORDS OF THE CDDH 503 (CDDH/II/SR.45, 10) (“Mr. SOLF (United States of America)recalled that 105 years previously, 160 wounded soldiers of France had been successfully evacuated from besiegedParis by balloon, thus for the first time making rapid medical evacuation by air a reality. It was an undisputedmedical fact that the sooner a badly wounded person came under a surgeon’s care, the better were his chances ofrecovery and survival. It was also recognized as an undisputed military fact that medical aircraft posed a securitythreat if they were used for military reconnaissance. Accordingly, throughout the history of the development ofmedical aircraft, their role in the search of the battlefield for wounded had been restricted.”). Consider AP I art.28(4) (“While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prioragreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.”).367 GWS art. 36 (“They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together withtheir national colours, on their lower, upper and lateral surfaces.”); GWS-SEA art. 39 (“They shall be clearly markedwith the distinctive emblem prescribed in Article 41, together with their national colours, on their lower, upper andlateral surfaces.”).368 GWS art. 36 (“They shall be provided with any other markings or means of identification that may be agreedupon between the belligerents upon the outbreak or during the course of hostilities.”); GWS-SEA art. 39 (“They shallbe provided with any other markings or means of identification which may be agreed upon between the Parties tothe conflict upon the outbreak or during the course of hostilities.”).369 GWS art. 36 (“Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.”); GWS-SEA art. 39 (same).468

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