|Manual on the Rights and Duties of Medical Personnel in Armed Conflicts (ICRC, 1982, 77 p.)|
|CHAPTER 2. DUTIES OF MEDICAL PERSONNEL|
9.1. Medical personnel concerned.
The following medical personnel may be assigned to work in occupied territories:
- personnel from the occupied territory;
- personnel attached to the Occupying Power;
- ICRC personnel.
9.2. Role of medical personnel.
In all cases, the medical personnel must obviously comply with the general principles examined earlier (above, point 1). But they must also know the obligations of the Occupying Power towards the occupied territories, especially with regard to medical matters and, if necessary, demand that they be respected.
9.2.1. General obligations of the Occupying Power.
Art. 55, 56 & 59, G IV;
Art. 69, P. I
With regard to the occupied territories, the Occupying Power has, inter alia, the following obligations:
- to ensure that the population is supplied with food and medical products which may have to be brought in from outside if local resources are inadequate;
- not to requisition foodstuffs or medical supplies except for use by the occupation forces and administration personnel;
- to the fullest extent of the means available to it and with the co-operation of national and local authorities, to ensure and maintain public health and hygiene, in particular by adopting and applying the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics;
- to bear in mind, when adopting such measures, the moral and ethical susceptibilities of the population of the occupied territory;
- to the fullest extent of the means available to it and with the co-operation of national and local authorities, to ensure and maintain the functioning of medical and hospital establishments and services;
- to allow "medical personnel of all categories" in the occupied territory to carry out their duties;
- to mark correctly the new medical units which it may set up in the occupied territories and to make sure that they are used in accordance with their purpose and not to commit acts harmful to the enemy (see above, point 6.2.).
9.2.2. Limitation on the requisition of hospitals.
Art. 57, G IV
The right of the Occupying Power to requisition hospitals is limited. Three conditions are imposed for this requisition:
- there must be urgent necessity;
- the hospitals requisitioned are required for nursing military sick and wounded;
- suitable arrangements must have been taken to ensure that the persons hospitalized will receive adequate care and treatment and that the needs of the civilian population will be met.
Moreover, requisition may be only temporary, for as long as the emergency period lasts and until other measures have been taken.
Finally, the civilian material and depots may not be requisitioned so long as they are necessary for the needs of the civilian population.
9.3. Procedure to be followed.
If the medical personnel of the Occupying Power appointed to work in the occupied territory find that the obligations mentioned above are not fulfilled, they shall report this, through the proper channels, to their own authorities. If the medical personnel from the occupied territory find the same situation, they shall, where possible, inform the representatives of the Protecting Power or of the ICRC.
The medical personnel of the ICRC shall report to the ICRC, which will take the appropriate steps through the head of delegation in the field or through missions sent from headquarters.