Social and Legal Studios

Abstract

The article analyzes the extent of the international legal status of medical personnel during armed conflicts and examines the protection of medical personnel as a fundamental right in the system of international humanitarian law. The author concludes that the legal status of medical personnel is subject to the humanitarian tasks it performs, as no one should be persecuted or condemned for caring for the injured or ill. Humanitarian activities carried out by medical personnel, whether civilian or military should never be regarded as directly being involved in hostilities. Such personnel should be guaranteed inviolability, except in cases where, in abusing its privileges, it interferes in combat in one form or another. The approach to the right to health in armed conflict from the point of view of International Law is based on the principles of non-discrimination and equality, as well as on the right to permissible, acceptable and quality medical care. Two factors are present. On the one hand, raising awareness of the obligation to respect the rights to protect medical personnel and the right to receive safe and timely medical care, and on the other, raising accountability, securing better fulfillment of these obligations, can be an effective way of improving the situation of the medical staff and patients during armed conflict. It is determined that the duty of medical personnel is first and foremost to provide medical care to the wounded, sick and victims of a ship wreckage, prisoners of war, and to civilians. These groups do not directly participate in hostilities and enjoy the protection of International Humanitarian Law. It is the responsibility of the victims of the armed conflict to intercede for the duty of medical personnel towards them, and that the authorities of the parties involved in the conflict are obliged to provide the medical staff with facilities for care in areas where the civil health care system is disrupted as a result of hostilities and also should do it in occupied territories

Keywords: international humanitarian law, medical personnel, armed conflict, direct involvement in hostilities, wounded and sick

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