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7.15.2.1 Removal or Obscuration of the Distinctive Emblem. The display of thedistinctive emblem is under the direction of the competent military authority. 398 Thus, themilitary command may authorize the removal or obscuring of the distinctive emblem for tacticalpurposes, such as camouflage. 399 Similarly, it would be appropriate for the distinctive emblemto be removed if it is assessed that enemy forces will fail to respect the emblem and seek toattack medical personnel; display of the emblem in such circumstances would not be considered“feasible” because in that instance it would not result in a humanitarian benefit. 400In the practice of the United States, removal or obscuration of the distinctive emblem hasgenerally been controlled by the responsible major tactical commander, such as a brigadecommander or higher. 4017.15.3 Significance of the Display of the Distinctive Emblem.7.15.3.1 Distinctive Emblem Facilitates Protection. The purpose of the display ofthe distinctive emblem is to facilitate the identification of protected status. 402 The absence of thedistinctive emblem may increase the risk that enemy forces will not recognize the protectedstatus of military medical and religious personnel and other protected persons and objects, andattack them in error.398 GWS-SEA COMMENTARY 230 (“The initial phrase of the present Article is most important: use of the emblem isto be ‘under the direction of the competent military authority’. This wording shows that it is the military commandwhich controls the emblem and can give or withhold permission to use it. Moreover, only that command can order amedical unit to be camouflaged.”). See also Frederic de Mulinen, Head of Division, International Committee of theRed Cross, Signalling and Identification of Medical Personnel and Material, 12 INTERNATIONAL REVIEW OF THERED CROSS 479, 481 (1972) (“Distinctive emblems may not be displayed without the authorization of the State or ofa State authority. … The State or, by the delegation of its competency, the military command therefore ‘controls theemblem’ and is free to permit or prohibit the use of the distinctive emblem. It may even prohibit its use entirelywithout thereby violating the Conventions. In that event, actual protection would obviously be very small.”).399 GWS-SEA COMMENTARY 228-29 (“In the first place there is no obligation on a belligerent to mark his medicalunits with the emblem. Sometimes military commanders have camouflaged such units—i.e. have abstained frommarking them and even tried to conceal them—in order to conceal the presence or real strength of their forces. Thisis more likely to occur on land than at sea.”).400 Refer to § 5.3.3.2 (What Precautions Are Feasible).401 For example, DEPARTMENT OF THE ARMY REGULATION 750-1, Army Material Maintenance Policy, 8-9c(17)(Sept. 2013) (“Under tactical conditions, when requirements for concealment outweigh those for recognition, allconspicuous markings may be obscured or removed by the authority and at the discretion of the major organizationcommander present. Protective red cross markings may be obscured only at the direction of the responsible majortactical commander.”); DEPARTMENT OF THE ARMY TECHNICAL MANUAL 43-0139, Painting Instructions for ArmyMaterial, 1-3g (Jan. 1990) (“Under tactical conditions, when requirements for concealment outweigh those forrecognition, all conspicuous markings may be obscured or removed by the authority and at the discretion of themajor organization commander present. Protective red cross markings may be obscured only at the direction of theresponsible major tactical commander.”).402 AP III preamble (“Recalling that the obligation to respect persons and objects protected by the GenevaConventions and the Protocols additional thereto derives from their protected status under international law and isnot dependent on use of the distinctive emblems, signs or signals,”). Consider AP I Amended Annex I art. 1(1)(“The regulations concerning identification in this Annex implement the relevant provisions of the GenevaConventions and the Protocol; they are intended to facilitate the identification of personnel, material, units,transports and installations protected under the Geneva Conventions and the Protocol.”).474

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