5cjxburmr

13.6.2.1 Cartel Vessels. Vessels and aircraft designated for, and engaged in, theexchange of POWs are privileged from capture. 10413.6.2.2 Hospital Ships That Meet the Requirements of the GWS-Sea. Hospitalships, including military hospital ships, commissioned civilian hospital ships, and authorizedneutral hospital ships, that meet the requirements of the GWS-Sea are exempt from capture. 105Hospital ships do not forfeit their exempt status if they are armed for self-defense purposes or ifthey possess or use communications equipment with encryption.Hospital ships may be armed with defensive weapon systems, including when necessarycertain crew-served weapons, as a prudent anti-terrorism/force protection (AT/FP) measure todefend against small boat attacks. 106 The 1949 Geneva Conventions do not directly addressweapons systems for hospital ships, but they do expressly provide for the arming of crewmembers with small arms for the maintenance of order and for the self-defense of the crew or thesick and wounded. 107 The arming of the ship with crew-served weapons for self-defense of theship is not prohibited and is consistent with the ship’s humanitarian purpose and the crew’s dutyto safeguard the wounded and sick.The GWS-Sea provides that hospital ships may not use or possess “secret codes” asmeans of communication; however, state practice has evolved to accept that moderncommunications systems (e.g., satellite communications and video teleconference systems) andtaking part in hostilities. Such vessels and boats are subject to the regulations of a belligerent naval commanderoperating in the area.”).104 See, e.g., The Brig “Betsey”, 49 Ct. Cl. 125, 132 (Ct. Cl. 1913) (“What is a cartel in warfare of the nations? Anagreement between belligerents for the exchange of prisoners. What is a cartel ship except a vessel of belligerentsduly commissioned for the carriage by sea of exchanged prisoners from enemy country to their own country or forthe carriage of official communications to and from enemies?”); The Adula, 176 U.S. 361, 379-80 (1900) (“Whilethe mission of the Adula was not an unfriendly one to this Government, she was not a cartel ship, privileged fromcapture as such, but one employed in a commercial enterprise for the personal profit of the charterer, and onlysecondarily, if at all, for the purpose of humanity.”); Crawford v. The William Penn., 6 F. Cas. 778, 780-81(C.C.D.N.J. 1815) (“What is the character of a cartel vessel, and of the persons concerned in her navigation? Theflag of truce which she carries, throws over her and them the mantle of peace. She is, pro hac vice, a neutrallicensed vessel; and all persons concerned in her navigation, upon the particular service in which both belligerentshave employed her, are neutral, in respect to both, and under the protection of both. She cannot carry on commerceunder the protection of her flag, because this was not the business for which she was employed, and for which theimmunities of that flag were granted to her. She is engaged in a special service, to carry prisoners from one place toanother; and, whilst so engaged, she is under the protection of both belligerents, in relation to every act necessarilyconnected with that service.”).105 Refer to § 7.12.1.1 (Military Hospital Ships); § 7.12.1.2 (Commissioned Civilian Hospital Ships); § 7.12.1.3(Authorized Neutral Civilian Hospital Ships).106 Refer to § 7.12.6.2 (Conditions That Do Not Deprive Hospital Ships and Sick-Bays of Vessels of TheirProtection).107 Refer to § 7.12.6.3 (Arming of Hospital Ships and Equipping Them With Defensive Devices).878