of capture, they may not be deliberately targeted. They are not, however, retained
personnel, but are treated as POWs. Upon capture, however, they shall be employed in
medical duties insofar as the need exists. Absent that need, though, they may be put to
work on other tasks around the camp.
(3) Medical units/establishments. A fixed medical establishment may not be
intentionally attacked. It should be situated away from military objectives, in order to
safeguard it from collateral damage. If captured, it must be allowed to continue caring
for the wounded and sick. As we saw previously, the protection is lost if it is used to
commit acts harmful to the enemy.
(4) Conditions not depriving a medical unit of its protected status.
(a) Unit personnel armed for their own defense. Suppose medical
personnel are carrying weapons does this jeopardize their protected status? The
answer is no, so long as they are carrying small defensive arms, to be used for their
own protection. Small arms mean things like a .45 pistol or M-l6 rifle. These may be
carried for the protection of the person and his patients, protection against an enemy
who might attack them in violation of the law of war. These people should not, however,
be carrying offensive weapons such as a .50 caliber machine gun or anti-tank weapons,
grenade launchers, or things like that.
(b) Suppose medical persons use these weapons to fire at enemy
soldiers? Our protected medical personnel are not combatants. They have an
important role to play in wartime, but shooting at the enemy isn't what that role is. So
long as the enemy complying with the law of war, the medical personnel may not use
their small arms weapons in such an offensive manner, or they will lose their protected
status and thereby become combatants. Once that happens, they are legitimate
targets. It is only when the enemy violates the law of war that the medical personnel
may use these defensive weapons. Is it a law of war violation if they use them against
an enemy who is complying with the law of war? The answer is no. What will happen,
though, is that they will lose their protected status, thereby bringing themselves (and
perhaps their medical unit) under attack.
(c) Unit is guarded by sentries. Remember, as long as the sentries are
guarding the medical facility, this would not result in a loss of its protected structure.
Again, though they may only use the weaponry in a defensive manner against an
enemy that is acting contrary to the law of war. So long as the enemy is complying with
that law, using the weaponry against him would be improper. Suppose the medical
personnel are guarding non-medical facility? This would jeopardize their protected
status. They should not be assigned to administrative duties not directly connected with
the operation/administration of the medical facility.
MD0033
2-11
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