Specific protection to which hospitals are entitled shall not cease unless they are used by a party to the conflict to commit, outside their humanitarian functions, an "act harmful to the enemy".... Medical establishments and units enjoy protection because of their function of providing care for the wounded and sick. When they are used to interfere directly or indirectly in military operations, and thereby cause harm to the enemy, the rationale for their specific protection is removed. This would be the case for example if a hospital is used as a base from which to launch an attack; as an observation post to transmit information of military value; as a weapons depot; as a center for liaison with fighting troops; or as a shelter for able-bodied combatants.
Before carrying out an attack on a medical establishment or unit that has lost its protected status, a warning must be given. Where appropriate, this should include a time limit, which must go unheeded before an attack is permitted. The purpose of issuing a warning is to allow those committing an "act harmful to the enemy" to terminate such act, or – if they persist – to ultimately allow for safe evacuation of the wounded and sick who are not responsible for such conduct and who should not become the victims of it.Where such a warning has remained unheeded, the enemy is no longer obliged to refrain from interfering with the work of a medical establishment or unit, or to take positive measures to assist it in its work. Even then, humanitarian considerations relating to the welfare of the wounded and sick being cared for in the facility may not be disregarded. They must be spared and, as far as possible, active measures for their safety taken.
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