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20 JAG J. 41 (1965-1966)
Status of Medical and Religious Personnel in International Law

handle is hein.journals/naval20 and id is 43 raw text is: STATUS OF MEDICAL AND RELIGIOUS PERSONNEL IN INTERNATIONAL LAW DR. LISELOTTE B. WATSON* The increased tempo of military activity in Vietnam has heightened concern for the status of medical and religious personnel in a com- bat area. What restrictions are imposed upon such personnel? What is the source of such restrictions? To what protection and immunity are they entitled? What action will cause a loss of the protection? What is the effect of bearing arms? Dr. Watson develops the his- torical bases for preferential treatment culminating in the Geneva Conventions of 1949 and discusses their applicability in both war- time and peacetime contexts. THE PRESENT CONFLICT in Vietnam has again focused attention on that body of interna- tional law commonly called the Law of War, and particularly on its protective aspects. Since World War II four treaties which contain the most extensive protective obligations ever as- sumed by nations have come into force. These are the four Geneva Conventions of 1949. Although these Conventions were not in force during the Korean conflict, the parties to the conflict declared that they accepted the humani- tarian principles of the Conventions and that they would abide by them. That this pledge was not carried out by the communist side is now history. In the meantime these Conventions have come into force for 107 nations., Of these four Conventions probably the most important for members of the armed forces is the third one, governing the treatment of prisoners of war. The first two cover the pro- tection of the wounded and sick members of the armed forces and the rights and duties of the personnel entrusted with their care, namely, the members of the Medical and Chaplain Corps. That the status of the latter, although ad- mittedly a small aspect of this vast body of law, *Doetor Watson is a civilian attorney attached to the International Law Division of the Office of the Judge Advocate General of the Navy. She received her S.J.D. from the University of Bonn. Ger- many, her M.Comp.L. from The George Washington University, and is a member of the Bar of the District of Columbia. L The Conventions came into force for the U.S. on February 2. 1956. Among the 107 parties to the Conventions, however, several of our friendly allies are missing. Among our NATO allies, Iceland is not a party. Of our OAS friends. Bolivia, Costa Rica. Bonduras and Uruguay are not parties. Nationalist China did not ratify these Conventions. but Communist China did; South Korea is not a party, but North Korea is. Both North and South Vietnam are parties. Those not bound by thew Conventions are for the most part bound by previous Conventions (1906 and 1929) which will be discussed later in the article. 787L-543--65..---2 is and has been a matter of concern is evidenced by the number of questions regularly addressed to the Judge Advocate General. The questions run somewhat like this: May medical personnel, and in particular hospital corpsmen, be assigned to stand watch? May they serve as prisoner escorts or guards? May they serve on coding or decoding boards? May hospital corpsmen bear arms? May they be ordered to bear arms against their will? All these questions have two aspects. The first is purely internal administration relating to the right of a commanding officer to detail his personnel so as to best utilize their services, and the duty of the personnel to obey orders. The second aspect is that of international law. It is undisputed that a commanding officer has the right and the duty to detail personnel under his command to whatever duties his mis- sion requires. It is equally indisputable that restrictions on the type of duties to which per- sonnel may be assigned create administrative difficulties and at times may appear unrealistic. This article is intended to review briefly the restrictions imposed on medical and religious personnel; the source of these restrictions; and the consequences of disregarding or violating them. As long as there have been men and countries, there have been wars. And as long as there have been wars, there have been wounded and sick to care for and to comfort spiritually. Civilized nations have long recognized the need for the protection of the wounded and sick as well as the need for special protection of those trained for and engaged in their care. Their special status is laid down in international agreements. The 41 SEP-OCT-NOV 1965

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