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sion, to care for the sick and wounded of the armies, granting to persons responding to such appeals, special protection and certain immunities.
1 Art. 5, Gen. Con., 1864. “Inhabitants of the country who may bring help to the wounded shall be respected and shall remain free. The generals of the belligerent powers shall make it their duty to inform the inhabitants of the appeal addressed to their humanity and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have received wounded men into his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed."
117. Modification of convention of 1864.—The corresponding article of the Geneva convention of 1864 is so modified in this that commanders in the field are relieved of the suggested obligation of informing the inhabitants of the appeal addressed to their humanity. It also withdraws the privileges contained in the convention of 1864, and very properly places the entire subject under military supervision. The collection and removal of the wounded are best performed under military supervision, even when the labor must be requisitioned, because it is only under such supervision that it can be properly regulated and controlled.
1 The modification of the article of 1864 was due to the fact that, in the absence of military supervision, opportunities were afforded for pillage and maltreatment of the dead and wounded. It was also found that the effect of the article was not to ameliorate the condition of the wounded, but to encourage the inhabitants to move wounded men who should not be removed and to prevent them from receiving proper medical treatment when most needed. Vide Opp., Land Warfare, pars. 182-183.
SANITARY FORMATIONS AND ESTABLISHMENTS.
118. Privileges of the sanitary formations.-G. C., art. 6. Mobile sanitary formations (i. e., those which are intended to accompany armies in the field) and the fixed establishments belonging to the sanitary service shall be protected and respected by belligerents.
119. What are mobile sanitary formations. By mobile sanitary formations must be understood all organizations which follow the troops on the field of battle. In our service is included the following: (1) Regimental equipment; (2) Ambulance companies; (3) Field hospitals; (4) The reserve medical supply; (5) The sanitary column, including (a) Ambulance column, (0) Evacuation hospital; (6) Hospital trains; (7) Hospital boats; (8) Red Cross transport column.'
1 Vide Medical Manual, pars. 601, 626, 651, 681, 688, 697, 726.-.
120. Fixed establishments. --The term "fixed establishments” is clearly intended to cover stationary or general hospitals, whether actually movable or located on the line of communi
cations, or at a base, and in our service would include: (1) The base medical supply depot; (2) Base hospitals; (3) Casual camps; (4) Convalescent camps; and (5) Red Cross hospital columns."
1 Vide Medical Manual, pars. 713, 720-722, also Cir, 8, s. G. O., 1912. 121. What meant by respect and protection.-By “respect and protection” it is intended that they shall not be fired upon and shall be protected in the discharge of their duties, and this is applicable to both classes, irrespective of the fact of the actual presence therein of the sick or wounded. They are protected from deliberate attack.'
1 Vide post, G. C., art. 9, par. 130. Land Warfare, Opp., par. 184, and note 1.
122. Must not commit harmful acts.-G. C., art. 7. The protection due to sanitary formations and establishments ceases if they are used to commit acts injurious to the enemy..
123. Cessation of immunity for harmful acts.-By, cessation of protection is understood that these units may be fired on and the personnel taken prisoners and in a proper case reprisals may be resorted to. As examples of harmful acts may be cited—taking part in the campaign, sheltering spies or combatants, placing these units directly in the line of fire of the enemy, or in a strategic position, where they restrict military operations or conceal guns, or making use of sanitary trains to transport effectives, etc. Since sanitary formations should be placed in concealed points where protected from the enemy's fire, the placing of such units as indicated may excuse their being fired upon and the detention of their personnel, but before firing upon them it is best, if possible, to direct them to withdraw."
1 In the French Conventions Internationales concernant La Guerre sur Terre, p. 65, art. 7, note,, it is stated, in explanation of what is fire upon these formations and make them prisoners. Under certain circumstances where there is a manifest abuse of the immunity reprisals may be resorted to." And in explanation of the injurious acts referred to says: Whether in a direct manner, by taking part in the combat or indirectly, for example, when the sanitary trains
are used for the transport of effective combatants, etc. “A distinction must be drawn between an act intentionally injurious and where, by its presence only, a
found midst of the enemy troops, could give information of the dispositions made. In such case the respect due to the personnel ceases to be of the operations. other words, the sanitary service can be ordered to retire, and, if it is necessary, this personnel can be forcibly detained, Vide, also, Ariga, pp. 207 et se fortion.c. c. art. 8. sanitary formation or establishment shall not be deprived of the protection accorded by article 6 by the fact:ini tunela
1. That the personnel of a formation or establishment is armed and uses its arms in self-defense or in defense of its sick and wounded.
125. What meant by self-defense.--Although the sanitary personnel may carry arms for self-defense, they should not resist with such arms their being captured by the enemy. These arms are for their personal defense and for protection of the sick and wounded under their charge against marauders and the like.
Vide Land Warfare, Opp., p. 45, par. 188. 126. Pickets and sentinels.-G. C., art. 8, par. 2. That in the absence of armed hospital attendants, the formation is guarded by an armed detachment or by sentinels acting under competent orders.
127. Guard for medical unit protected.-Due to the fact that in some armies trained soldiers are used as medical orderlies, it is expressly provided that a picket or sentinel taken from a combatant arm may be used as a guard to a sanitary forma. tion. Such guard, when furnished with authority in due form, is entitled to the same privileges as those of the medical personnel while so employed.
128. Written order indispensable. It is indispensable, however, that such picket or sentinel be provided with a written order that he can show to the adversary. Such pickets or guards will not be made prisoners of war?
1 The original French of the article is." đ'un mandat regulier," which contemplates an order or written authority duly authenticated by proper authority. Nothing is said about such guard being obliged to wear the brassard,
2 Vide, also, G. C., art. 9, par. 2, post par. 130.
129. Weapons and cartridges.--G. C., art. 8, par. 3. That arms or cartridges, taken from the wounded and not yet turned over to the proper authorities, are found in the formation or establishment."
1 These arms and ammunition should be turned in as soon as practicable, and, in any event, are subject to confiscation.
PERSONNEL, 130. Privileges of personnel.-G. C., art. 9. The personnel charged exclusively with the removal, transportation, and treatment of the sick and wounded, as well as with the administration of sanitary formations and establishments, and the chaplains attached to armies, shall be respected and protected under all circumstances. If they fall into the hands of the enemy they shall not be considered as prisoners of war.
These provisions apply to the guards of sanitary formations and establishments in the case provided for in section 2 of article 8
131. Personnel contemplated. The personnel here intended by the words “charged exclusively” is clearly the officers and men of the army service corps, including drivers of transports attached to the medical service for the entire campaign, so that musicians and other soldiers, temporarily employed as litter bearers, are not placed under the protection of the convention. These latter should be supplied with a special brassard or certificate,
132. Protection afforded. The medical personnel above referred to, chaplains, and guards are protected from deliberate attack. There is no just cause for complaint, as'a' violation of the convention, if they are accidentally killed or wounded in the execution of their duties."
"1 Lånd Warfare, Opp., art. 184, and note 1." " It [medical personnel] can not, naturally, be made immune from the effects of shell and bullet fired at ranges at which badges and uniform are not distinguishable.”
133. Voluntary aid societies.-G. C., art. 10. The personnel of voluntary aid societies, duly recognized and authorized by their own Governments, who are employed in the sanitary formations and establishments of armies, are assimilated to the personnel contemplated in the preceding article, upon condition that the said personnel shall be subject to military laws' and regulations.
Each State shall make known to the other, either in time of peace or at the opening or during the progress of hostilities, and in any case before actual employment, the names of the societies which it has authorized to render assistance, under its responsibility, in the official sanitary service of its armies.
1 The American National Red Cross, duly incorporated under the laws of the United States, Jan. 5, 1905 (vide 33 Stat., 600, and amendment, 36 Stat., 604), is, under the proclamation of the President, published in G. 0. 170, W. D., Dec. 27, 1911, the only volunteer society now authorized by this Government to render aid to its land and naval forces in time of war, and any other society desiring to render similar assistance can do so only through the American National Red Cross.
Such portion of the society as may render aid to the land and naval forces will constitute a part of the sanitary services thereof.
The War and Navy Departments are duly authorized to communicate directly with the president of the society, arranging for and specifying the character of services required, and designating where the personnel and matériel will be assembled.
It is prescribed that any member of the American National Red Cross when on duty with the land and naval forces of the United States, pursuant to a proper call, will be subject to the military laws and regulations as provided in article 10 of the International Red Cross Convention of 1906 (Geneva), and will be provided with the necessary brassard and certificate of identity.
Except in cases of great emergency, the personnel of the American National Red Cross will not be assigned to đuty at the front, but will be confined to hospitals in the home country, at the base of operations, on hospital ships, and along lines of communication of the land and naval forces of the United States.
134. The National Red Cross.-The National Red Cross of America is the only volunteer aid society that can be employed by the land and naval forces of the United States in future
wars to aid the medical personnel, and their employment must be under the responsibility of the Government as part of thë medical personnel and establishments of its Army, and they must be assigned to duties in localities designated by competent military authority.
135. Conditions prescribed for employment.—The personnel are entitled to the same privileges and protection as that to which the Army Medical Service is entitled under certain conditions, which are:
(a) That the societies are duly recognized and authorized by their Government."
1 In this country the society is recognized by the statutes" (vide note 1, par. 133). The personnel must be provided with the emblem (brassard) and also with a certificate as prescribed. The certificate should give a reasonably accurate description of the person employed, i, e., the age, color, sex, race," height, weight, color of eyes, hair, and com plexion. In addition should be added the finger print of the index finger of the right hand with distinguishing marks.
The certificate should also contain the number of the brassard issued to each person. For form of certificate, vide Appendix A, this chapter. This certificate should always be on the person and might properly be inclosed in a light, metallic case stamped with the same number as the certificate, which would serve as an identification tag.
The employment of a distinctive uniform consisting of a blouse and shirt of blue and a cap of designated design would prevent confusion and injury on the part of the enemy.. : ""
(b) That the names of the societies to be employed must be notified to the enemy before any of the personnel is actually employed.
2 This will be done by the Government at the outbreak of hostilities, of which notice will be had by commanders.
(c) That the personnel is subject to military law.” 3 Vide statute cited in note 1, pár. 133..
136. Reasons for conditions imposed.-In past 'wars so many irregularities and even acts of hostility have been committed by members of volunteer aid societies that the conditions above mentioned have been found necessary,' Commanders, before permitting their employment, should therefore assure themselves that these conditions have been strictly complied with."
1 Land Warfare, Opp., p. 46, par. 192,
137. Volunteer societies of neutrals.-G. C., art. 11. A recognized society of a neutral State can only lend the services of its sanitary personnel and formations to a belligerent with the prior consent of its own Government and the authority of such belligerent. The belligerent who has accepted such assistance is required to notify the enemy before making any use thereof.
138. Conditions of employment. It is necessary to secure the consent of the neutral government, as well, as that of the