“Disaster Medicine” Journal

DISASTER MEDICINE No. 4•2023

https://doi.org/10.33266/2070-1004-2023-4

Original article

Legal Protection of the Civilian Health Care System in Conditions of Armed Conflict

Minyailov N.A.¹

¹ I.M. Sechenov First Moscow State Medical University of the Ministry of Health of the Russian Federation, Moscow, Russian Federation

UDC 346.9/614.2

Pp. 24-27

Summary. The aim of the study is to analyze the modern interpretation of the norms of international humanitarian law (IHL), devoted to the loss of special protection for the objects of the health care system in the light of the updated Commentary to the Geneva Convention I (GC I).

Materials and research methods. Materials of the study were the updated Commentary to the Geneva Convention I: Convention for the Amelioration of the Condition of the Wounded and Sick in Active Armies; domestic and foreign literature on the protection of medical personnel in armed conflict.
The method of the research is analytical.

Results of the study and their analysis. It is noted that the protection of the wounded and sick, as well as medical personnel in conditions of armed conflict is the cornerstone of international humanitarian law. The legal analysis of the IHL notion of “action causing damage to the enemy”, which links the need to provide special protection to the objects of the health care system (medical personnel, institutions and vehicles) to the interests of the wounded and sick, has been carried out. The question of the legality of an attack by a party of the conflict on the medical personnel and health care facilities of the enemy as a result of the latter committing acts prejudicial to the enemy is considered. The conclusion is made about the necessity of strict observance of IHL norms by medical personnel in providing medical and sanitary aid in wartime.

Keywords: civilian health care system; concept of “action prejudicial to the enemy”; Geneva Convention I; international humanitarian law; legal protection; protection of medical personnel; protection of the wounded and sick; provision of health care in armed conflict; updated Commentary; violence against health care workers and institutions;

For citation: Minyailov N.A. Legal Protection of the Civilian Health Care System in Conditions of Armed Conflict. Meditsina Katastrof = Disaster Medicine. 2023;4:24-27 (In Russ.). https://doi.org/10.33266/2070-1004-2023-4-24-27

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The material was received 28.07.23; the article after peer review procedure 29.09.23; the Editorial Board accepted the article for publication 22.12.23