10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

spread of contagious diseases and epidemics. 265 The responsibility for providing andmaintaining health services falls primarily on the national and local authorities, but where suchauthorities are unable to provide adequately for the health needs of the civilian population, theOccupying Power then has the duty described above. 26611.15.2 Respect for the Work of Civilian Medical Personnel. Medical personnel of allcategories must be allowed to carry out their duties. 267 “Medical personnel of all categories”includes a wide range of persons engaged in medical work. 268 It includes even those who are notaffiliated with civilian hospitals who qualify for protection under Article 20 of the GC. 26911.15.3 Recognition of New Hospitals, Medical Personnel, and Transports. If newhospitals are set up in occupied territory and if the competent organs of the occupied State arenot operating there, the occupying authorities must, if necessary, grant them the recognitionprovided for in Article 18 of the GC. 270 This recognition allows the civilian hospitals to showthat they are civilian hospitals and that the buildings that they occupy are not used for anypurpose that would deprive these hospitals of protection. 271 In similar circumstances, theoccupying authorities must also grant recognition to hospital personnel and transport vehicles265 GC art. 56 (“To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring andmaintaining, with the cooperation of national and local authorities, the medical and hospital establishments andservices, public health and hygiene in the occupied territory, with particular reference to the adoption andapplication of the prophylactic and preventive measures necessary to combat the spread of contagious diseases andepidemics.”).266 GC COMMENTARY 313-14 (“[T]here can be no question of making the Occupying Power alone responsible forthe whole burden of organizing hospitals and health services and taking measures to control epidemics. The task isabove all one for the competent services of the occupied country itself. It is possible that in certain cases thenational authorities will be perfectly well able to look after the health of the population; in such cases the OccupyingPower will not have to intervene; it will merely avoid hampering the work of the organizations responsible for thetask. In most cases, however, the invading forces will be occupying a country suffering severely from the effects ofwar; hospitals and medical services will be disorganized, without the necessary supplies and quite unable to meet theneeds of the population. The Occupying Power must then, with the co-operation of the authorities and to the fullestextent of the means available to it, ensure that hospital and medical services can work properly and continue to doso.”).267 GC art. 56 (“Medical personnel of all categories shall be allowed to carry out their duties.”).268 GC COMMENTARY 314 (“‘Medical personnel of all categories’ should be taken to mean all people engaged in abranch of medical work: doctors, surgeons, dentists, pharmacists, midwives, medical orderlies and nurses, stretcherbearers, ambulance drivers, etc., whether such persons are or are not attached to a hospital. On that point theprovision differs from Article 20 of the Convention, which refers only to hospital staff, who are alone authorized towear the armlet bearing the red cross emblem.”).269 Refer to § 7.17.4 (Protection of Civilian Hospital Personnel).270 GC art. 56 (“If new hospitals are set up in occupied territory and if the competent organs of the occupied Stateare not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for inArticle 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel andtransport vehicles under the provisions of Articles 20 and 21.”).271 Refer to § 7.17.2.1 (State-Issued Certificates for Civilian Hospitals).783

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

Saved successfully!

Ooh no, something went wrong!