
This article was exclusively written for The European Sting by Ms. Katerina Patrikou, a medical student at University of Crete, Greece. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on the topic, nor The European Sting’s one.
War is a devastating phenomenon that affects millions of people worldwide. It causes death, injury, displacement and suffering. Healthcare providers during armed conflicts have a critical role in offering health services and are no exception to being threatened. Although there are various agreements-including International Humanitarian Law (IHL) and International Human Rights Law in Geneva Conventions[1,2], the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials of the United Nations[3]- there have been many incidents of attacks against healthcare providers and facilities in armed conflicts across the world, which include killings, kidnappings, and sexual assault perpetrated against medical personnel as well as looting, damage and destruction to medical facilities.
With more than 100 ongoing armed conflicts around the world [4] and people in urgent need the question remains: how can we ensure the safety of the healthcare providers?
Applying the Basic Principles of International Humanitarian Law.
It is important that the basic principles of IHL (the principle of humanity, the principle of distinction between civilians and combatants, and between civilian objects and military objectives, the principle of proportionality and the principle of military necessity) are included in the States’ military doctrines as well as military training, so that it is evident how these basic rules are translated into action. Furthermore, according to the Security Council Resolution 2286 (2016) [5], part of the militaries’ training should also emphasize on how armed forces can facilitate safe passage for medical and humanitarian personnel to offer medical service and supplies to all people in need.
Reporting
Many cases of violence against healthcare workers during armed conflicts are underreported. It is therefore essential for efficient and unbiased reporting mechanisms to be established, with sufficient resources and data regarding assaults on physicians, healthcare personnel and medical facilities. This documentation could help in better investigating and bringing to justice those responsible for reported violations of international agreements.
Raising Awareness
Many healthcare workers may be targeted for providing impartial care to those in need and be accused of protecting the “enemy’’. This indicates the need for raised awareness worldwide regarding not only the obligation of medical personnel to provide care without distinction, but also regarding Geneva Convention I and Common Article 3 of the Geneva Conventions[6] which provide for the protection and humane treatment of persons not taking active part in conflicts, including those rendered unable to combat (“hors de combat’’) due to wounds or sickness.
Finally, strong domestic legal frameworks should also be developed by the governments protecting medical personnel and facilities in times of conflict. States have a duty to take a number of legal and practical measures aimed at ensuring full compliance with IHL, such as translating and disseminating IHL treaties and punishing war crimes through the enactment of penal legislation.
The suggestions listed above are hard to apply and it takes all parties on an international,national and regional level to collectively try to ensure the safety of healthcare workers to provide the appropriate medical aid.
References
- What is international humanitarian law? Available at: https://www.icrc.org/en/download/file/4541/what-is-ihl-factsheet.pdf (Accessed: 30 October 2024).
- The International Bill of Human Rights. Available at:https://www.ohchr.org/sites/default/files/Documents/Publications/Compilation1.1en.pdf
- Basic principles on the use of force and firearms by law enforcement officials | OHCHR. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-use-force-and-firearms-law-enforcement (Accessed: 30 October 2024).
- Geneva Academy, Today’s Armed Conflicts. Available at: https://geneva-academy.ch/galleries/today-s-armed-conflicts
- Resolution 2286. Available at: http://unscr.com/en/resolutions/doc/2286 (Accessed: 30 October 2024).
- IHL. Available at: https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-3 (Accessed: 30 October 2024).
About the author
Katerina Patrikou is a medical student at University of Crete, Greece, passionate about human rights and international law. She has actively volunteered in student organisations for 6 years, aiming at raising awareness and advocating for the right to health.
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