medical and religious personnel
209
one’s own.18 It not only includes acts inflicting harm on the enemy by direct attack, but also those adversely affecting enemy military operations, as with collecting intelligence and transmitting military communications.19 3. Acts that are not considered harmful to the enemy include: (a) that the personnel of a medical unit are equipped with light individual weapons for their own defence or for that of the wounded, sick, or shipwrecked in their charge; (b) that a medical unit is guarded by sentries or an escort; (c) that portable arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the medical unit; or (d) that members of the armed forces or other combatants are in the medical unit for medical or other authorized reasons, consistent with the mission of the medical unit.20 4. The fact that a medical computer system is equipped with software that, although not intended to be used for acts harmful to the enemy, is capable of being so used, does not per se deprive it of protected status. Consider a software application or software agent resident on a medical computer system that is capable of being used to generate a DDoS script. The system as a whole retains its protection, although the agent or application becomes a lawful military objective if used or going to be used for military purposes (provided all other requirements for qualification as a military objective have been met). Similarly, the installation of intrusion detection software designed to prevent an attack on a medical computer system will not deprive it of its protected status. 5. Even if there is a valid reason for discontinuing the specific protection of medical units or transports (including medical computers, computer networks, and data), due warning must be issued setting, where appropriate, a reasonable time limit for compliance before an attack may 18
19 20
ICRC Additional Protocols Commentary, para. 550. See also AMW Manual, commentary accompanying Rule 74(a); ICRC Geneva Convention I Commentary at 200–1. AMW Manual, commentary accompanying Rule 74(a). Additional Protocol I, Art. 13; Geneva Convention I, Art. 22; Geneva Convention IV, Art. 19. See also AMW Manual, commentary accompanying Rule 74(c). Note that the reference to ‘light individual weapons’ appears in Art. 13(2)(a) of Additional Protocol I, which applies only to civilian medical facilities. No similar reference is contained in the Geneva Conventions with regard to military medical facilities.