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PART III
PROPOSALS OF WHICH MINISTERS SHOULD BE AWARE.
15. Article 1 (see also paragraphs 3 above and 27 below)
Your Sub-Committee he
thought it right to state specifically that the provisions in Part I of the propos Conventing eapply not only to the shipwrecked strictl3882ea, but also to those who are forced to bale out from, or make forced landings in, aircraft.
16. It has also been made clear that these provisions apply to those who are shipwrecked from natural causes as well as by hazard of war.
17. Article 6 (see also paragraphs 6 above and 32 below). This article should state explicitly far the first time that those covered by the Maritime Convention are on landing to be treated in accordance with the Prisoners of War and Sick and Wounded Conventions; this has, of course, been the practice in the past.
18. In view of this position your Sub-Committee do not think it necessary to require in the Maritime Convention the notification to the opposing belligerent of the full range of particulars of sick, wanded and dead laid down in the Prisoners of War and Sick and Wounded Conventions.
Whilst the sinking
19. Article 9 (see also paragraphs 7 above and 35 below). of a hospital ship even by way of reprisal for similar action by the enemy can never be justified, your Sub-Committee have considered whether the Convention should not allow capture by way of reprisal. They have come to the conclusion, however, that any attempt to insert such a provision would lead to a total prohibition on reprisals, which would not be to the United Kingdom's advantage.
20. The Tenth Hague Convention lays down that the names of hospital ships must b notified to the opposing belligerent. It is recommended that at least the gross registered tonnage, the length from bow to stern, the number of masts and funneld and any other distinctive features should also be given.
21.
The United States Delegation at the 1947 Conference proposed that notificati should be acknowledged, but the Conference felt, and your Sub-Committee agree, that this would give an ill-disposed belligerent an opportunity of refusing to recognize any hospital ships.
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22. Article 11 (see also paragraph 37 below), This article makes clear for the first time that hospital ships are not only permitted but obliged to succour all persons who are wounded, sick or shipwrecked.
After receiving technical advice
23. Article 12 (see also paragraph 38 below). your Sub-Committee recommend a sanewhat revolutionary scheme for marking and 'illuminating hospital ships. They are the less reluctant to do so because the Canadian Delegation at the 1947 Conference proposed that, as the present marking were far from ideal for recognition, hospital ships should be painted orange. The colour scheme now put forward is designed to bring about the recognition of hospital ship as soon as possible after it becomes visible. There may be difficulty in persuading other delegations and the International Red Cross Committee to accept so radical a departure from the traditional colouring, but this is a matter which should be governed by expediency and humanity and not by sentiment. Moreover, because looked at up sun all ships appear only as silhouettes and are therefore indistinguishable from each other by colouring, it is still held that the white flag with the red cross is the best means of recognition from this angle. The consequent flying of a large version of the Red Cross flag in addition to the painting will help to placate the sentimental.
24. Article 13 (see also paragraph 39 below). The 1947 draft mits altogether Article 6 of the Tenth Hague Convention which prohibits the use of the Red Cross for other purposes and the proposed text restores it with a slight modification.
25. Article 17 (see also paragraph 43 below). It is perhaps worthy of mention that at the 1907 Conference the United Kingdom reserved their position on the article which provided that warships had the right to demand the surrender of sick, wounded and shipwrecked on board hospital ships. In practice we have ourselves frequently used this provision since and no objection is seen to its perpetuation in the new Convention.
18
Prehad brofed to exempt from this provising69afes whose route
26. A French prop
had been notified to the enemy is considered to derogate seriously from the immunity enjoyed by other hospital ships and it is proposed that all such proposals should be strenuously resisted.
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PART IV. TEXTS OF ADMIRALTY SUB-COMMITTEE'S DRAFT, GENEVA 1947 DRAFT AND