160. The distinctive flag.-G. C., art. 21. The distinctive flag 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.. 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

t

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:

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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."

1A. 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.

1

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.

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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" 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.1

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.

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THE DEAD.

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

ures

** *

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

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.

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APPENDIX A.

Issued by.

Place.

Date.

These approximately.

Include here notation of scars, etc., which will aid in iden

tification.