"retained personnel," not POWs. If these personnel perform non-medical duties that are
harmful to the enemy, however, they lose their protection as retained personnel and will
be treated as POWs.
d. Personnel Performing Non-Medic Duties. What sort of non-medical duties
might a commander consider having his/her medical personnel to perform? Some
examples are: perimeter security, picking up/distributing mail and similar administrative-
type duties, in support the medical unit. That is the key; that is, the administrative duties
they perform must be in support of the medical mission, and not things like general
perimeter security on behalf of tactical units or things like that. In a deployment
scenario, professional personnel may find themselves doing all sorts of things. In
Desert Storm, for example, attorneys participated in the latrine detail, tent clean-up
defensive bunker construction, and things of that nature. These are not actions
"harmful to the enemy" and would not deprive a doctor of his special status.
e. Medical Duties Harmful to the Enemy. Is it a violation of the law of war for
a commander to order medical personnel to perform duties that are harmful to the
enemy; that is, to pick up a weapon and shoot at enemy soldiers? The answer is no.
The problem is that such actions would cause the medical personnel to lose their
protected status, thereby subjecting them to attack from the enemy. This would
jeopardize the lives of medical personnel and their patients. Were you to do this, it
might then result in the enemy launching an attack against our medical facilities and
personnel. After all, if it looks like, sounds like, smells like, and shoots like combatant, it
is likely to be regarded as one.
(1) Treatment of retained personnel.
(a) Can only be required to perform medical duties.
(b) Must receive at least the benefits conferred upon POWs.
(c) They may be retained as long as needed to tend to the sick and
wounded. They are to tend to any sick and wounded soldier, regardless of what
uniform that soldier is wearing.
(d) They must be repatriated (returned) when" retention is not
indispensable...as soon as a road is open for their return and military requirements
permit" (FM 27-10, paragraph 231).
(e) They must obey camp rules.
(2) Auxiliary medical personnel (Article 25). This covers persons other than
Article 24 personnel. They would normally be combatants, but have been "specially
trained for employment, should the need arise, as hospital orderlies, nurses, or auxiliary
stretcher- bearers, in the search for or the collection, transport, or treatment of the
wounded and sick" (FM 27-10, paragraph 226). If carrying out these duties at the time
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