The obligation to return the sanitary matériel, as provided for in article 14, shall apply to railway trains and vessels intended for interior navigation which have been especially equipped for evacuation purposes, as well as to the ordinary vehicles, trains, and vessels which belong to the sanitary service. Military vehicles, with their teams, other than those belonging to the sanitary service, may be captured.

The civil personnel and the various means of transportation obtained by requisition, including railway matériel and vessels utilized for convoys, are subject to the general rules of international law.1

There is no signal, or generally recognized method, for stopping these transports, but the practice is to fire across their front as is done in stopping naval vessels. Vide ante par. 140.

151. Power of belligerent over convoy.-The belligerent can not only break up the convoy but can also detain it for a definite period of time, confine it to a certain route, or designate the place where it is to report. This was not authorized under the G. C. of 1864.1

La Guerre Sur Terre, p. 72.

CONVOY OF EVACUATION

152. Means of conveyance.-Conveyance may take place by road, by railway, or by water, but to enjoy the benefit of this article must not be combined with or used for the transportation of troops, of supplies, or employed in any other connection with any military operation.

153. The personnel. The personnel of the convoy may be1. Medical, such as those mentioned in articles 9, 10, and 11, which should be restored in accordance with article 12; or, 2. Railway, loaned for transport purposes, which should be restored under article 14; or,

3. Military guards, which should be restored under article 9; or,

4. Civil requisitioned, which should be released, if not again requisitioned by the captor, under article 14.

154. The matériel.-The matériel may belong to—‹

1. The regular medical service of the enemy, or to aid societies recognized by him, in either of which cases it should be restored under article 14; or,

2. May consist of things requisitioned; that is, carriages, boats, etc., which must be restored in accordance with article 14; or,

3. May consist of carriages, with their teams, borrowed from military units, which are then subject to capture.'

1 Holland, War on Land, p. 35, art. 58.

42225°-14- 4

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155. The red cross.-G. C., art. 18. Out of respect to Switzerland the heraldic emblem of the red cross on n a white ground, formed by the reversal of the Federal colors, is continued as the emblem and distinctive sign of the sanitary service of armies.*

1 Turkey acceded to the Geneva Convention of 1906 on August 24, 1907, making the reservation, however, that its armies will use the emblem of the red crescent for the protection of its ambulances "; adding: It is nevertheless well understood that the Imperial Government will scrupulously respect the inviolability of the Red Cross flag." Persia adopted in lieu of the red cross a red lion combined with a red sun. Vide Spaight, War Rights on Land, p. 456. Opp., Land Warfare, par, 210 and note. Holland, War on Land, par. 59, p. 36. Lois, Jacomet, art. 48,

Les

156. Where employed.—G. C., art. 19. This emblem appears on flags and brassards as well as upon all matériel appertaining to the sanitary service, with the permission of the competent military authority.

157. The brassard.-G. C., art. 20. The personnel protected in virtue of the first paragraph of article 9, and articles 10 and 11, will wear attached to the left arm a brassard bearing a red cross on a white ground, which will be issued and stamped by competent military authority, and accompanied by a certificate of identity in the case of persons attached to the sanitary service of armies who do not have military uniform.1

1 For dimensions of brassards, see General Orders, No. 84, War Department, May 6, 1906.

158. Brassard to be fixed.--The convention of 1864 with regard to the use of the brassard differs from that of 1906 in that the latter requires that it shall be fixed to the arm and shall be permanently worn.

159. Precautions in issue of brassards. For the protection of persons to whom brassards are issued and to prevent their improper use by spies and others, as well as to conform to the requirements of the above article, a register should be kept showing the names and description of the persons to whom brassards have been issued. The brassard should be stamped with a special mark or number by the War Department. In the case of persons not wearing a military uniform a certificate must be issued containing the name, description, and number of the person to whom issued,1

1 For form of this certificate, see Appendix A, this chapter.

The Medical Department is charged with the duty of providing, stamping, and delivering brassards to all persons entitled to neutrality (protection) by virtue of the first paragraph of article 9 and articles 10 and 11 of the Geneva Convention (1906). and of providing and delivering necessary certificates of identity to persons attached to the sanitary service who do not have a military uniform."

2 G. O., No. 27, W. D., 1909, par. 1.

160. The distinctive flag. G. C., art. 21. The distinctive fag of the convention can only be displayed over the sanitary formations and establishments which the convention provides shall be respected, and with the consent of the military authorities. It shall be accompanied by the national flag of the belligerent to whose service the formation or establishment is attached."

i

Sanitary formations which have fallen into the power of the enemy, however, shall fly no other flag than that of the Red Cross so long as they continue in that situation.1

"

No regulation has been prescribed for flying this flag with the national flag.

161. Flags designated." The flag of the Geneva Convention, to be used in connection with the national flag in time of war with a signatory of the convention, will be as follows:

"For general hospitals, white bunting, 9 by 5 feet, with a red cross of bunting 4 feet high and 4 feet wide in the center; arms of cross to be 16 inches wide.

For field hospitals, white bunting, 6 by 4 feet, with a red cross of bunting 3 feet high and 3 feet wide in the center; arms of cross to be 12 inches wide.

For ambulances and for guidons to mark the way to field hospitals, white bunting, 28 by 16 inches, with a red cross of bunting 12 inches high and 12 inches wide in the center; arms of cross to be 4 inches wide."

**

1 A. R., 1913, par. 225.

At night every sanitary formation, fixed or movable, is designated by means of lights (lanterns). The lights used in this country are green.

F. S. R., 1914, Appendix 5.

There seems to be no fixed rule among nations in regard to this designation at night. In France they are designated by two lights-red and white-the one above the other. In Great Britain by two white lights. In some other countries by one or more red lights.

162. Military hospital ships. Convention X, Hague, 1907, Article V. Military hospital ships shall be distinguished by being painted white outside with a horizontal band of green about a meter and a half in breadth."

The ships mentioned in articles 2 and 3 (i. e., hospital ships, equipped wholly or in part at the expense of private individuals or officially recognized relief societies) shall be distinguished by being painted white outside, with a horizontal band of red about a meter and a half in breadth.

The boats of the ships above mentioned, as also small craft which may be used for hospital work, shall be distinguished by similar painting.

All hospital ships shall make themselves known by hoisting, with their national flag, the white flag with a red cross provided by the Geneva Convention, and, further, if they belong to a neutral State, by flying at the mainmast the national flag of the belligerent under whose control they are placed.

Hospital ships which, in the terms of article 4, are detained by the enemy, must haul down the national flag of the belligerent to whom they belong.

The ships and boats above mentioned which wish to insure by night the freedom from interference to which they are entitled must, subject to the assent of the belligerent they are accompanying, take the necessary measures to render their special painting sufficiently plain.

163. Sanitary formations of neutral countries.-G. C., art. 22. The sanitary formations of neutral countries which, under the conditions set forth in article 11, have been authorized to render their services, shall fly, with the flag of the convention, the national flag of the belligerent to which they are attached. The provisions of the second paragraph of the preceding article are applicable to them.

164. Protection and use of the flag.-G. C., art. 23. The emblem of the red cross on a white ground and the words “Red Cross 99 or "Geneva Cross " may only be used, whether in time of peace or war, to protect or designate sanitary formations and establishments, the personnel and matériel protected by the convention.'

66

1 Since the Geneva or "Red Cross" is the distinctive mark of the medical service of armies, some additional mark, such as the name of the society, should be added to it in order to secure proper protection for the matériel of such volunteer aid societies. The Geneva or "Red Cross " alone is not sufficient to distinguish such matériel from that of the regular medical service.

THE DEAD.

165. Protection of the dead.-G. C., art. 3. After each engagement the commander in possession of the field shall take measto insure protection against pillage and mal* ** for the dead.

ures

* *

treatment *

He will see that a careful examination is made of the bodies of the dead prior to their interment or incineration.1

1 The evident intent of this article is to insure that life is extinct before burial or cremation.

There is no express statement in the Geneva Convention that the dead shall be buried or cremated, although this is the practice of the majority of civilized States. For rules prescribed by the U. S. for clearing the battle field see F. S. R., 1914, pars. 231, 349, 350.

166. Disposition of marks, tokens, letters of the dead.-G. C., art. 4. As soon as possible each belligerent shall forward to the authorities of their country or army the marks or military papers of identification found upon the bodies of the dead. They (the belligerents) will collect all objects of personal use, valuables, letters, etc., which are found upon the field of battle, or have been left by the sick or wounded who have died in sanitary formations or other establishments, for transmission to persons in interest through the authorities of their own country.

167. Application and carrying out of the convention.-G. C., art. 24. The provisions of the present convention are obligatory only on the contracting powers, in case of war between two or more of them. The said provisions shall cease to be obligatory if one of the belligerent powers should not be signatory to the convention.1

1 Vide ante, par. 100 and note.

168. Commanders to carry out details and provide for unforeseen cases.-G. C., art. 25. It shall be the duty of the commanders in chief of the belligerent armies to provide for the details of execution of the foregoing articles, as well as for unforeseen cases, in accordance with the instructions of their respective Governments, and conformably to the general principles of this convention.

169. Must instruct troops and notify inhabitants.-G. C., art. 26. The signatory Governments shall take the necessary steps to acquaint their troops, and particularly the protected personnel, with the provisions of this convention and to make them known to the people at large.

170. Prevention of abuses and infractions.-G. C., art. 27. Signatory powers whose legislation may not now be adequate engage to take or recommend to their legislatures such measures as may be necessary to prevent the use, by private persons or by societies other than those upon which this convention confers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks or commercial labels.

The prohibition of the use of the emblem or name in question shall take effect from the time set in each act of legislation, and at the latest five years after this convention goes into effect. After such going into effect, it shall be unlawful to use a trademark or commercial label contrary to such prohibition.1

1 The American National Red Cross was incorporated under act approved Jan. 5, 1905, and amended by Ch. 372, June 23, 1910 (36 Stat., 604).

171. Repression of acts of pillage.-G. C., art. 28. In the event of their military penal laws being insufficient, the signatory Governments also engage to take, or to recommend to their legislatures, the necessary measures to repress, in time of war, individual acts of robbery and illtreatment of the sick and wounded of the armies, as well as to punish, as usurpations of military insignia, the wrongful use of the flag and brassard of the Red Cross by military persons or private individuals not · protected by the present convention.1

1 Aside from the legislation referred to in note, par. 133, no special legislation has been enacted by Congress. Vide ante, par. 112 and note, also post, par. 374 and note.