law_war_manual15

7.12.1.3 Authorized Neutral Civilian Hospital Ships. Civilian hospital ships mayalso be sent from neutral countries. 286Hospital ships utilized by National Red Cross Societies, officially recognized reliefsocieties, or private persons of neutral countries shall have the same protection as militaryhospital ships and shall be exempt from capture, on condition that they have placed themselvesunder the control of one of the parties to the conflict, with the previous consent of their owngovernments and with the authorization of the party to the conflict concerned, in so far as theprovisions of Article 22 of the GWS-Sea concerning notification have been complied with. 2877.12.1.4 Size of Hospital Ships. The protection for military hospital ships,commissioned civilian hospital ships, and authorized neutral civilian hospital ships mentioned inArticles 22, 24, and 25 of the GWS-Sea, respectively, shall apply to hospital ships of anytonnage and to their lifeboats, wherever they are operating. 288 Nevertheless, to ensure themaximum comfort and security, the parties to the conflict shall endeavor to use, for the transportof the wounded, sick, and shipwrecked over long distances and on the high seas, only hospitalships of more than 2,000 tons gross. 289 For example, U.S. military hospital ships have adheredto this recommendation by a large margin. 2907.12.1.5 Coastal Rescue Craft and Fixed Coastal Installations Used Exclusivelyby Them. Under the same conditions as those provided for in Articles 22 and 24 of the GWS-Sea, small craft employed by the State, or by the officially recognized lifeboat institutions forcoastal rescue operations, shall also be respected and protected, so far as operational286 For example, LIEUTENANT GENERAL STANLEY ROBERT LARSEN AND BRIGADIER GENERAL JAMES LAWTONCOLLINS, JR., ALLIED PARTICIPATION IN VIETNAM 163-64 (1985) (“German economic and humanitarian aid,beginning in 1966, averaged about $7.5 million annually and more than 200 technical and medical personnel servedin Vietnam. In 1966 the Federal Republic of Germany also contributed the 3,000-ton hospital ship S.S. Helgolandto provide medical assistance to the civilian population. With eight doctors, thirty other medical personnel, and a130-bed capacity, the ship was initially stationed near Saigon where more than 21,000 out-patient treatments weregiven to approximately 6,700 patients from September 1966 until 30 June 1967. Over 850 major surgical caseswere also treated. In October of 1967 the Helgoland shifted its operations to Da Nang.”).287 GWS-SEA art. 25 (“Hospital ships utilized by National Red Cross Societies, officially recognized relief societies,or private persons of neutral countries shall have the same protection as military hospital ships and shall be exemptfrom capture, on condition that they have placed themselves under the control of one of the Parties to the conflict,with the previous consent of their own governments and with the authorization of the Party to the conflictconcerned, in so far as the provisions of Article 22 concerning notification have been complied with.”).288 GWS-SEA art. 26 (“The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of anytonnage and to their lifeboats, wherever they are operating.”).289 GWS-SEA art. 26 (“Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shallendeavor to utilize, for the transport of wounded, sick and shipwrecked over long distances and on the high seas,only hospital ships of over 2,000 tons gross.”).290 For example, Department of State, Diplomatic Note given to the Iraqi Chargé d’affairs in Washington, D.C., Jan.19, 1991, reprinted as Annex II to Thomas R. Pickering, Letter Dated 21 January 1991 From the PermanentRepresentative of the United States of America to the United Nations Addressed to President of the Security Council,U.N. Doc. S/22122 (Jan. 21, 1991) (“The two hospital ships are ‘USNS Mercy’ (T-AH 19) and ‘USNS Comfort’ (T-AH 20). These two converted San Clemente class tankers, ex-SS Worth ex-SS Rose City, have identicalcharacteristics: tonnage 54,367, gross, 35,958 net; dimensions feet (meters) 894 length, 105.6 width 32.8 draft, i.e.depth, (272.6 x 32.2 x 10 meters); one mast forward, one funnel aft.”).454