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From:
Willow Bend Books <[log in to unmask]>
Reply To:
Willow Bend Books <[log in to unmask]>
Date:
Sat, 1 Sep 2001 13:03:16 -0400
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Having spent several years of my life as a Navy Hospital Corpsman stationed
with the United States Marine Corps I was reconciled to the fact that my
life expectancy was considerably shorter than everybody, but the radio
operator. My role as I saw it was to keep as many people fit for duty and
capable of making the other guy die for his country (to quote the guy buried
in Luxembourg)  so that I would not have to die for mine. Fortunatley, I was
never placed in the position of having to test the life expectancy issue,
just had to learn to deal the end result of conflict in a pleasant hospital
setting.

Given the decisions under Grant to deny the South its ability to renew its
manpower resources as evidenced by the shutdown of prisoner of war
exchanges, the destruction of hospitals (with or without their patients)
would be a consistent war aim. The military function of a hospital is to
return manpower to a fit for duty status or to discharge by reason of
medical disability those that can't do the job anymore. The medical function
of a hospital is of course more humanitarian and a lot more complex.

Even the Geneva Convention of 1949 had it applied at the time would have
allowed Sherman to destroy the buildings under Article 33, if they were no
longer needed to treat the sick and wounded and there was a military
necessity. I am very sure that Sherman thought there was a military
necessity in the destruction of anything that would contribute to the
Southern war effort.  The catch is the final statement of Article 33 and 34.
Did Sherman  see to it that the "welfare of the wounded and sick has been
ensured." I don't know, but at the least he is guilty of violating the
provisions for destruction of medical material and stores.

Of course he would not know about the Geneva Convention, would he?



Pertinent portions of the Geneva Convention of 1949 that apply to the
descrution of medical establishments.
                   Medical Units and Establishments

Art. 19. Fixed establishments and mobile medical units of the Medical
Service may in no circumstances be attacked, but shall at all times be
respected and protected by the Parties to the conflict. Should they fall
into the hands of the adverse Party, their personnel shall be free to
pursue their duties, as long as the capturing Power has not itself ensured
the necessary care of the wounded and sick found in such establishments and
units.

The responsible authorities shall ensure that the said medical
establishments and units are, as far as possible, situated in such a manner
that attacks against military objectives cannot imperil their safety.


                              CHAPTER V

                       Buildings and Material

Art. 33. The material of mobile medical units of the armed forces which
fall into the hands of the enemy, shall be reserved for the care of wounded
and sick.

The buildings, material and stores of fixed medical establishments of the
armed forces shall remain subject to the laws of war, but may not be
diverted from that purpose as long as they are required for the care of
wounded and sick. Nevertheless, the commanders of forces in the field may
make use of them, in case of urgent military necessity, provided that they
make previous arrangements for the welfare of the wounded and sick who are
nursed in them.

The material and stores defined in the present Article shall not be
intentionally destroyed.

Art. 34. The real and personal property of aid societies which are admitted
to the privileges of the Convention shall be regarded as private property.

The right of requisition recognized for belligerents by the laws and
customs of war shall not be exercised except in case of urgent necessity,
and only after the welfare of the wounded and sick has been ensured.

Craig


Craig R. Scott, CGRS

Willow Bend Books
65 East Main Street
Westminster, MD 21157-5026
[log in to unmask]
www.WillowBendBooks.com

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