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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Commentary -
Annex I : Regulations concerning identification #Chapter IV -- Communications
[p.1257] Annex I, Chapter IV -- Communications
Introduction
4222 The communications to be exchanged between the Parties to the conflict with regard to medical units and transports are based in
particular on the following provisions of the Protocol:
-- Article 12
' (Protection of medical units), ' paragraph 3: notification of the location of fixed medical units.
-- Article 18
' (Identification), ' paragraphs 1 and 2: notification of the use of distinctive signals.
-- Article 22
' (Hospitals ships and coastal rescue craft), ' paragraph 3, second sentence: exchange of information regarding
the identification of medical craft.
-- Article 23
' (Other medical ships and craft), ' paragraph 2, second sentence: hailing; paragraph 4, first sentence:
notification of the characteristics and course of a medical ship.
-- Article 25
' (Medical aircraft in areas not controlled by an adverse party), ' second sentence: notification of medical
aircraft to the adverse Party.
-- Article 26
' (Medical aircraft in contact or similar zones), ' first sentence: prior agreement regarding the operation of
medical aircraft.
-- Article 27
' (Medical aircraft in areas controlled by an adverse Party), ' paragraph 2, first sentence: requirement for a medical
aircraft carrying out a flight to identify itself and inform the
adverse Party of any navigational error or emergency.
-- Article 28
' (Restriction on operations of medical aircraft), ' paragraph 4: prior agreement concerning the use of medical
aircraft to search for the wounded.
-- Article 29
' (Notifications and agreements concerning medical aircraft), ' paragraphs 1-5: notification, prior agreement,
immediate acknowledgement of receipt, transmission to the units
concerned of information concerning the flight plans of medical
aircraft.
-- Article 30
' (Landing and inspection of medical aircraft), ' paragraphs 1 and 2: order to a medical aircraft to land,
acknowledgement of receipt of such an order by the medical
aircraft concerned.
-- Article 31
' (Neutral or other States not parties to the conflict), ' paragraphs 1-3: prior agreement regarding the
overflight of neutral territory by medical aircraft belonging to
a Party to the conflict; requirement for a medical aircraft to
give notification of navigational errors and to identify itself
if flying over neutral territory without prior agreement;
reception and acknowledgement of receipt of an order to land on
neutral territory.
[p.1258] 4223 As stated in the preambular part of Resolution 19 (1) addressed by the Diplomatic Conference to the ITU, these provisions of the
Protocol call for "distinctive" and reliable means of communication.
The ITU met the basic radiocommunication requirements of medical
units and transports by incorporating new Section II, "Medical
Transports", in Article 40 of the Radio Regulations, which are drawn
up by the ITU so as to enable radio operators all over the world to
set up efficient communications.
4224 The above list of communications affecting medical units and transports is not comprehensive. The fact that Resolution 19 refers
to marking, identifying, locating and communicating suggests that a
wide range of communications may be involved, in circumstances which
are impossible to predict.
4225 Satellite radiocommunications should be considered for use by medical units and transports. Two complementary systems are in
operation in this area.
4226 Since 1982, the International Maritime Satellite Organization (INMARSAT) has been operating a worldwide satellite
radiocommunication system, with satellites positioned over the
Atlantic, Pacific and Indian Oceans providing almost total world
coverage. These satellites are placed on the geostationary orbit some
36,000 kilometres above the equator and their spin rate is equal to
the Earth rate, making them stationary in relation to the Earth, of
which they always cover the same area. The INMARSAT system enables
ships and drilling platforms at sea to benefit from all the
communication services: telephone, telex, facsimile, low-, medium-,
high- and very high-speed (up to 1 megabit per second) (2) data
transmission, colour television. It is a co-operative, commercial,
non-profitmaking operation with 50 member countries, including the
world's major maritime nations. Each country takes part in the
organization's decision-making process and contributes to its
financing. The system provides an instantaneous, high-standard mobile
communication service which will no doubt be extended in the future
to other mobile applications such as satellite telecommunications for
aeronautical purposes.
4227 The COSPAS/SARSAT system (3) is designed for the rapid detection of signals transmitted by ships and aircraft in distress. It is a
joint international satellite search and rescue project in which
Canada, the United States, France and the Soviet Union have been participating since 1982. It is based on the principle of placing
several satellites in low (800 to 1,000 km) quasi-polar orbits to
monitor distress signals emitted by the emergency position-indicating
radiobeacons installed in ships and aircraft; the satellites serve as
relays for the retransmission of these distress signals to
terrestrial stations which are thus able to determine the exact
position of the ship or aircraft and make the necessary rescue
arrangements.
[p.1259] 4228 An integrated system of polar (COSPAS/SARSAT type) and geostationary (INMARSAT) satellites would enable all rescue
communication and service requirements on land, at sea and in the air
to be met worldwide, even in time of armed conflict, since the
satellites concerned do not constitute a military objective.
' Ph. E. '
NOTES (1) [(1) p.1258] Cf. Resolution 19, infra, p. 1519;
(2) [(2) p.1258] bit = either of the two digits 0 or 1 used in binary notation; a unit of information equivalent to the
result of a choice between two equally probable
alternatives (Webster). Contracted form of "binary digit"
(1 octet = 8 bits, 1 megabit = 106 bits);
(3) [(3) p.1258] COSPAS = Cosmos Spacecraft (USSR); SARSAT = Search and Rescue Satellite Aided Tracking (USA);