text: Army Health System and the Effects of the Law of Land Warfare and Medical Ethics
  as far as possible from military objectives. The unintentional bombardment of a medical
  establishment or unit due to its presence among or in proximity to valid military objectives is not
  a violation of the GWS. Legal protection is certainly valuable, but it is more valuable when
  accompanied by practical safeguards.
  PROTECTION WHEN FALLING INTO THE HANDS OF THE ENEMY
  3-22. The second protection provided by the GWS pertains to medical units, establishments, materiel, and
  transports that fall into the hands of the enemy.
  * Captured mobile medical unit materiel is to be used first to treat the patients in the captured unit.
  If there are no patients in the captured unit, or when those who were there have been moved, the
  materiel is to be used for the treatment of other wounded and sick persons.
  * Generally, the buildings, materiel, and stores of fixed medical establishments will continue to be
  used to treat wounded and sick, however, after provision is made to care for remaining patients,
  operational commanders may make other use of them. All distinctive markings must be removed
  if the buildings are to be used for other than medical purposes.
  * The materiel and stores of fixed establishments and mobile medical units are not to be intentionally
  destroyed, even to prevent them from falling into enemy hands. In certain extreme cases, buildings
  may have to be destroyed for operational reasons.
  * Medical transports that fall into enemy hands may be used for any purpose once arrangement has
  been made for the medical care of the wounded and sick they contain. The distinctive markings
  must be removed if they are to be used for nonmedical purposes.
  * A medical aircraft is supposed to obey a summons to land for inspection. If it is performing its
  medical mission, it is supposed to be released to continue its flight. If examination reveals that an
  act “harmful to the enemy” (for example, if the aircraft is carrying munitions) has been committed,
  it loses the protections of the Conventions and may be seized. If a medical aircraft makes an
  involuntary landing, all aboard, except the medical personnel, will be POWs. A medical aircraft
  refusing a summons to land is a fair target.
  IDENTIFICATION
  3-23. The GWS contains several provisions regarding the use of the Red Cross emblem on medical units,
  establishments, and transports. (The identification of medical personnel has been previously discussed.)
  * Article 39 of the GWS reads as follows: “Under the direction of the competent military authority,
  the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical
  Service.”
   There is no obligation of a belligerent to mark his units with the emblem. Sometimes a
  commander (generally no lower than a brigade commander for NATO forces) may order the
  camouflage of his medical units in order to conceal the presence or real strength of his forces.
  The enemy must respect a medical unit if he knows of its presence, even one that is
  camouflaged or not marked. The absence of a visible Red Cross emblem, however, coupled
  with a lack of knowledge on the part of the enemy as to the unit’s protected status, may render
  that unit’s protection valueless.
   The distinctive emblem is not a Red Cross alone; it is a Red Cross on a white background.
  Should there be some good reason, however, why an object protected by the Convention can
  only be marked with a Red Cross without a white background, belligerents may not make the
  fact that it is so marked a pretext for refusing to respect it.
   Some countries use the Red Crescent on a white background in place of the Red Cross. This
  emblem is recognized as an authorized exception under Article 38, GWS. Additional Protocol
  III to the Geneva Conventions also recognizes the Red Crystal. The Red Crystal replaces the
  Red Star of David.
   The initial phrase of Article 39 shows that it is the military commander who controls the
  emblem and can give or withhold permission to use it. He is at all times responsible for the