The Unique and Protected Status of Hospital Ships under the Law of Armed Conflict

• Author: D. L. Grimord - G. W. Riggs
• Position: Deputy Assistant Judge Advocate General, Navy International and Operational Law Division - Head of the Operational Law Branch, Navy International and Operational Law Division
• Pages: 263-269

XIV

The Unique and Protected Status of Hospital

Ships under the Law of Armed Conflict

D. L. Grimord

and G. W. Riggs1

Hospital ships have long enjoyed aunique position under the law of

armed conflict. The Geneva Convention for the Amelioration of the

Condition of Wounded, Sick, and Shipwrecked Members of the Armed Forces

at Sea (GWS-Sea) 2codifies the protection afforded hospital ships that are serv-

ing in an area of hostilities during international armed conflict. In light of the

deployment of USNS Comfort (T-AH 20) in support of Operation Iraqi Freedom

(OIF), the protected status of hospital ships and the maintenance of that status

remain important topics. The import is even more pronounced in light of the

sweeping changes in technology since the 1949 Geneva Conventions and the

modern-day terrorist threat from non-State actors who do not adhere to the

law of armed conflict.

Background

Article 22 of GWS-Sea provides that military hospital ships may in no circum-

stances be attacked or captured, but shall at all times be respected and protected.

This provision extends to hospital ships the immunity conferred on the wounded,

sick and shipwrecked.3Article 31of GWS-Sea provides the means by which parties