Rule 79
Any conditions of consent obtained from the enemy for the protection of a medical aircraft must be adhered to strictly.
[Commentary]
- The obligation to adhere to conditions of consent is a logical corollary to Rule 78. Rule 79 is intended to provide the clarity necessary for a well-functioning regime of protection.
- Any medical aircraft departing from the conditions of consent obtained from the enemy flies at its own risk as long as it has not been identified as a medical aircraft (second sentence of Rule 78 (a)).
- The obligation to comply with the conditions of consent set by the enemy is far wider than the prohibition imposed on medical aircraft not to engage in acts harmful to the enemy (see Rule 83). The enemy’s consent may be contingent on technical matters such as a specific route or altitude. Even such technical conditions must be strictly adhered to.
- Rule 79 applies also in non-international armed conflict.
