Hostname: page-component-586b7cd67f-l7hp2 Total loading time: 0 Render date: 2024-11-30T16:06:40.057Z Has data issue: false hasContentIssue false
  • English
  • Français

Physicians and International Humanitarian Law in Complex Emergencies: Controversies and Future Opportunities

Published online by Cambridge University Press:  28 June 2012

Michael H. Hoffman
Michael H. Hoffman*
Affiliation:
Director of International Humanitarian Law and Policy, American Red Cross, Washington, DC, USA
*
American Red Cross, 431 18th Street NW, 2nd Floor, Washington, DC, 20006-5304, USA E-mail: [email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

This paper describes the areas in which the Geneva Conventions no longer are adequate as a source of legal description or prescription for the challenges faced by physicians working in complex emergencies. It covers the conceptual pitfalls facing the medical profession in connection with humanitarian interventions, which often are conventional military operations, but are not recognized as such because they may vary in some respects from more familiar forms of interstate conflict. Emerging categories of combatants who pose a major threat during complex emergencies also are identified.

Opportunities to meet these challenges with the tools and culture of medicine are explored, and are proposed to the medical community as an opportunity for leadership. The paper proposes that new, epidemiological standards should be developed in order to identify the outbreak of armed conflicts and the trigger points for application of international humanitarian law. Such could replace the political model that presently underlies international humanitarian law. It also argues that international humanitarian law is not the starting point for application of humanitarian standards in war zones, but rather is built upon a peacetime medical culture that must be replicated in complex emergencies as a precursor to effective application of the law.

Keywords

complex emergenciesconceptsconflictGeneva Conventionshumanitarian lawinternationalleadershipmilitaryphysicianswar
Type
Part 1. Complex Emergencies: Lessons Learned
Information
Prehospital and Disaster Medicine , Volume 16 , Special Issue 4: Complex Emergencies , December 2001 , pp. 239 - 243
Copyright
Copyright © World Association for Disaster and Emergency Medicine 2001

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1.Schindler, D, Toman, J (eds.): The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents. Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1988: pp 373–699.CrossRefGoogle Scholar
2.Lee, C: Mo Tzu The Great Educator and His Educational System. Taipei, Taiwan: Universitas Series, 1969; IV: pp 90–93.Google Scholar
3.Secretary General's Bulletin. Observance by United Nations Forces of International Humanitarian Law. ST/STB/1999/13, of 06 August 1999.Google Scholar
4.Hoffman, MH: Peace-enforcement actions and humanitarian law: Emerging rules for “interventional armed conflict” International Review of the Red Cross 2000;82:193–204.CrossRefGoogle Scholar
5.Thompson, JE: Mercenaries, Pirates and Sovereigns: State-building and Extraterritorial Violence in Early Modern Europe. Princeton, New Jersey: Princeton University Press, 1994. pp 12–50.Google Scholar
6.Sahadevan, P: Coping with disorder — Strategies to end internal wars in South Asia, http://www.rcss.org, 02 September, 2001.Google Scholar
7.Elvin, M: The Pattern of the Chinese Past. Palo Alto, California: Stanford University Press, 1973, pp 184–192.Google Scholar
8.Porter, R: The Greatest Benefit to Mankind: A Medical History of Humanity. New York, New York: W W Norton and Company, 1997. pp 94–118.Google Scholar