10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

7.19.2 Marking of Civilian Medical Aircraft With the Distinctive Emblem. The aircraftmay be marked with the distinctive emblem provided for in Article 38 of the GWS. 4517.19.3 Prohibition of Flight Over Enemy Territory. Unless otherwise agreed, flights overenemy or enemy-occupied territory are prohibited. 4527.19.4 Summons to Land. Such aircraft shall obey every summons to land. 453aircraft refuses to obey, it does so at its own risk. 454If theIn the event of a landing thus imposed, the aircraft with its occupants may continue itsflight after examination, if any. 455 However, if examination reveals that an act “harmful to theenemy” has been committed, e.g., if the aircraft is carrying munitions or has been used formilitary observation, it loses the benefit of the GC; the aircraft may be seized and the crew andpassengers detained. 4567.20 AP I PROVISIONS ON THE WOUNDED, SICK, AND SHIPWRECKEDPart II of AP I has a number of provisions regarding the wounded, sick, and shipwrecked.These provisions have generally not been discussed in this Chapter because the United States isnot a Party to AP I. These provisions, however, are summarized in this section to familiarizeservice members with them in case U.S. forces are engaged in multinational operations with, orare engaged in armed conflict against, States that are Parties to AP I.7.20.1 AP I Provisions on General Protection of the Wounded, Sick, and ShipwreckedPersons. Section I of Part II of AP I seeks to elaborate upon and change the protections affordedthe wounded, sick, and shipwrecked. For example, AP I provides protection for certain civilian451 GC art. 22 (“They may be marked with the distinctive emblem provided for in Article 38 of the GenevaConvention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August12, 1949.”).452 GC art. 22 (“Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.”).453 GC art. 22 (“Such aircraft shall obey every summons to land.”). See also GC COMMENTARY 176 (“The summonsto land provides the adverse party with a safeguard; it is the one real means of defence against abuse. Thisextremely important provision has also been taken from the First Geneva Convention of 1949; it states explicitly thatmedical aircraft must obey every summons to land. It applies in the first place to aircraft flying over enemy orenemy-occupied territory whether or not they are authorized to do so. It also applies to aircraft which are over theirown territory but close to the enemy lines.”).454 GC COMMENTARY 176 (“If the aircraft refuses to obey, it does so at its own risk and it is lawful to open fire on it.If the machine is already out of range, the summons obviously becomes a mere formality. It should not be forgottenhowever that if the plane refuses to obey the summons and is pursued it loses the protection of the Convention,having failed to comply with its own obligations.”).455 GC art. 22 (“In the event of a landing thus imposed, the aircraft with its occupants may continue its flight afterexamination, if any.”).456 GC COMMENTARY 177 (“If—and it is to be hoped that such cases will be the exception—if examination revealsthat an act ‘harmful to the enemy’, in the sense of Article 19, has been committed, i.e. if the plane is carryingmunitions or has been used for military observation, it loses the benefit of the Convention; the enemy may seize itand intern the crew and passengers or, should occasion arise, treat them in accordance with Article 5 of theConvention.”).483

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!