For many years there had existed in Geneva a Society of Public Utility, whose efforts were devoted to the
furtherance of philanthropic and humane work. This Society of which Monsieur Gustave Moynier was
president, appointed a special committee, which sent out a general invitation for a conference to be held at
Geneva in October, 1863, to consider the question of volunteer aid for the medical service of armies in time of
war and also the neutralization of its personnel. Occasionally special temporary agreements had been
arranged between nations at war whereby hospital formations and their personnel were neutralized and
protected, but there was no international agreement to this effect.
Article 1. Ambulances and military hospitals shall be recognized as neutral, and as such, protected and
respected by the belligerents as long as they accommodate wounded and sick. Neutrality shall end if the
said ambulances or hospitals should be held by a military force.
While this article focuses on medical vehicles and ‘military hospitals’, IHL applies these principles to military
medical personnel more generally. Notice how the article has two conditions. First, neutrality applies ‘as
long as they accommodate wounded and sick ‘. Second, it specifies ‘neutrality shall end’ when they become
used by military force
1st.
Annotations:
medical corps - has all the capacity
red cross, they have to be neutral
MSF un -biased
2nd
Annotations:
perfidy
use of medical vehicle to open fire on.....
Change from costumary law to international law
Leiber code was the first attempt to codify the laws and usages of war.
Annotations:
basically a set of regulations for the conduct of war. - but purely american so couldnt be applied on a global level.
shortfalls in lieber code - id medical personell as being neutral.
Establishment of treaties
Physicians and other health workers remain protected under IHL so long as they identify themselves as
medical personnel; respect principles of medical ethics, including medical confidentiality; provide care to
all victims on the basis of need, without discrimination of any kind; and do not bear arms, with the
exception of light weapons for self-defense. A physician or health worker who undertakes nonmedical
functions during an armed conflict cannot claim the protection of the rules of war. Dr. Che Guevara, in his
political and combatant roles in Bolivia during the 1960s, could make no claims to any of the protections
defined by medical neutrality. Nor could the Bosnian Serb leader Radovan Karadzic, a psychiatrist. - See
more at: http://www.crimesofwar.org/a-z-guide/medical-personnel/#sthash.bjVZeFTR.AvEWil43.dpuf
Medical Treatment and Non-Combatants
International Humanitarian Law specifically prohibits military attacks on medical personnel and units. The
Fourth Geneva Convention specifies in Article 20 that “Persons regularly and solely engaged in the
operation and administration of civilian hospitals… shall be respected and protected.” Other articles forbid
the destruction, closure (whether temporary or permanent), or knowing interruption of the supply of food,
water, medicines, or electricity to civilian hospitals and clinics. Article 19 notes that protection of civilian
hospitals and mobile or permanent units may be forfeited if “they are used to commit, outside their
humanitarian duties, acts harmful to the enemy.” Physicians and other health workers remain protected
under IHL so long as they identify themselves as medical personnel; respect principles of medical ethics,
including medical confidentiality; provide care to all victims on the basis of need, without discrimination of
any kind; and do not bear arms, with the except
The Hague Conventions
Hague convention of 1899 where the first multilateral treaties, that addressed the conducts if warfare. Based
largely on the lieber code. The Hague Conventions of 1899 and 1907 are a series of international treaties and
declarations negotiated at two international peace conferences at The Hague in the Netherlands. The First
Hague Conference was held in 1899 and the Second Hague Conference in 1907. Along with the Geneva
Conventions, the Hague Conventions were among the first formal statements of the laws of war and war
crimes in the body of secular international law. A third conference was planned for 1914 and later
rescheduled for 1915, but it did not take place due to the start of World War I.