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7.14.6.1 Conditions Set by Neutral Powers. The neutral Powers may, however,place conditions or restrictions on the passage or landing of medical aircraft on their territory. 378Such possible conditions or restrictions shall be applied equally to all parties to the conflict. 3797.14.6.2 Detention of the Wounded, Sick, or Shipwrecked. Unless otherwiseagreed between the neutral Powers and the parties to the conflict, the wounded, sick, orshipwrecked who are disembarked with the consent of the local authorities on neutral territory bymedical aircraft shall be detained by the neutral Power, where so required by international law,in such a manner that they cannot again take part in operations of war. 380 The cost of theiraccommodation and internment shall be borne by the Power on which they depend. 3817.15 DISPLAY OF THE DISTINCTIVE EMBLEM TO FACILITATE IDENTIFICATIONThe GWS and GWS-Sea contemplate that the distinctive emblem, usually a red cross ona white background, will be used to facilitate the identification of the persons and objectsprotected by the GWS and GWS-Sea. 382 It helps identify protected persons and objects (e.g.,medical and religious personnel, medical transports, and medical facilities), but does not itselfconfer on them, or by its absence deprive them of, legal protection. The use of the distinctiveemblem to facilitate protection is to take place under the direction of the competent militaryauthority. The misuse of the distinctive emblem is prohibited.378 GWS art. 37 (“The neutral Powers may, however, place conditions or restrictions on the passage or landing ofmedical aircraft on their territory.”); GWS-SEA art. 40 (same).379 GWS art. 37 (“Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.”);GWS-SEA art. 40 (same).380 GWS art. 37 (“Unless agreed otherwise between the neutral Power and the Parties to the conflict, the woundedand sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shallbe detained by the neutral Power, where so required by international law, in such a manner that they cannot againtake part in operations of war.”); GWS-SEA art. 40 (“Unless otherwise agreed between the neutral Powers and theParties to the conflict, the wounded, sick or shipwrecked who are disembarked with the consent of the localauthorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required byinternational law, in such a manner that they cannot again take part in operations of war.”).381 GWS art. 37 (“The cost of their accommodation and internment shall be borne by the Power on which theydepend.”); GWS-SEA art. 40 (same).382 See GWS-SEA COMMENTARY 235 (“In principle, a red cross on a white ground should be displayed on thebuildings, persons, vehicles and objects protected by the Convention.”).470

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