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Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949.

Commentary - Art. 44. Chapter VI : The distinctive emblem

ARTICLE 44

. -- LIMITATION IN THE USE OF MARKINGS

[p.247] This provision is virtually identical to Article 6

of the 1907 Convention, and gave rise to no discussion in 1949.

The phrase "except as may be provided in any other international Convention or by agreement between all the Parties to the conflict concerned" was, however, added in 1949. Article 21 of the Fourth Geneva Convention

provides that vessels conveying wounded and sick civilians are to display the red cross emblem. In addition, as we have already seen (1), the International Committee of the Red Cross may be called upon, as in the past, and subject to the consent of the Parties concerned, to bring into service ships marked with the same emblem, in particular to carry relief shipments for war victims. Provision is made for the possible use of such ships in Article 75 of the Third Convention of 1949

and Article 111

of the Fourth Convention.

As it stands, the present Article gives rise to no problems. It serves as a useful addition to the preceding Article

, by making clear that except in those cases already mentioned, the special marking may be used only in order to indicate or protect hospital ships, rescue craft and small craft used by the Medical Service.

* (1) [(1) p.247] See above, p. 228;