Front Matter
Photo credit: U.S. Naval Forces Central Command/U.S. Fifth Fleet, "USS Carl Vinson (CVN 70)_150101-N-UW005-035," Flickr, CC BY 2.0.
Credits
About the authors
Dustin A. Lewis, Naz K. Modirzadeh, and Gabriella Blum wrote this Legal Briefing. Gabriella Blum is the Rita E. Hauser Professor of Human Rights and Humanitarian Law at Harvard Law School, as well as the Faculty Director of the Harvard Law School Program on International Law and Armed Conflict. Naz K. Modirzadeh is the Director of the Program and has been designated as a Lecturer on Law at Harvard Law School. And Dustin A. Lewis is a Senior Researcher at the Program.
Acknowledgements
We extend our thanks to 2015 Harvard Law School LL.M. graduates Elizabeth Carthy and Jiawei He for research assistance; to Jennifer Allison, PILAC Liaison to the Harvard Law School Library (HLSL), and the staff of the HLSL for research support; to Jessica Burniske for editorial assistance; to June Casey of the HLSL for open-access support; and to the Senior Law and Policy Working Group of the Counterterrorism and Humanitarian Engagement Project (CHE Project) for their insights and engagement around medical care in armed conflict.
License
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (CC BY-NC-SA 4.0).
Disclaimer
The research and analysis in this report were undertaken as part of the “Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism” Project at the Harvard Law School Program on International Law and Armed Conflict. The views and opinions reflected in this report are solely those of the authors. And the authors alone are responsible for any errors.
Suggested citation
Dustin A. Lewis, Naz K. Modirzadeh, and Gabriella Blum, “Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism,” Legal Briefing, Harvard Law School Program on International Law and Armed Conflict, September 2015.
Design
Dustin A. Lewis
Photo credits
Cover
Army Medicine, “U.S. Soldiers transport patients,” Flickr, CC BY 2.0 license
Section 1 Cover
Marines, “No Marine Left Behind,” Flickr, CC BY-NC 2.0 license
Section 2 Cover
Heather Paul, “Thurgood Marshall U.S. Courthouse,” Flickr, CC BY-ND 2.0 license
Section 3 Cover
USMC Archives, “Navy Corpsman Rendering Aid, Tarawa, November 1943,” Flickr, CC BY 2.0 license
Section 4 Cover
ResoluteSupportMedia, “101219-F-3682S-296,” Flickr, CC BY 2.0 license
Section 5 Cover
United Nations Photo, “Permanent Home of the United Nations,” Flickr, CC BY-NC-ND 2.0 license
Section 6 Cover
U.S. Naval Forces Central Command/U.S. Fifth Fleet, “USS NIMITZ (CVN 68)_130718-N-AZ866-394,” Flickr, CC BY 2.0 license
Compendium Cover
British Red Cross, “Geneva Conventions - signing in 1949,” Flickr, CC BY 2.0 license
Table
Table 1: Fragmentation under IHL of Key Impartial Wartime Medical Care Norms [section 4]
Map
Map 1: Listed Locations of Security Council-designated Terrorist Organizations [section 5]
Web
This report is available free of charge online at http://pilac.law.harvard.edu/mcac.
Abbreviations
Treaties
ACHR: American Convention on Human Rights, November 22, 1969, 1144 U.N.T.S. 123
AP I: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, June 8, 1977, 1125 U.N.T.S. 3
AP II: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-international Armed Conflicts, June 8, 1977, 1125 U.N.T.S. 609
AP III: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem, December 8, 2005, 2404 U.N.T.S 261
GC 1864: Convention for the Amelioration of the Wounded in Armies in the Field, August 22, 1864, 22 Stat. 940
GC 1906: Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, Geneva, July 6, 1906, 35 Stat. 1885
GC I: Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949, 75 U.N.T.S. 31
GC II: Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949, 75 U.N.T.S. 85
GC III: Convention (III) Relative to the Treatment of Prisoners of War, August 12, 1949, 75 U.N.T.S. 135
GC IV: Convention (IV) Relative to the Protection of Civilian Persons in Time of War, August 12, 1949, 75 U.N.T.S. 287
GC POW 1929: Geneva Convention Relative to the Treatment of Prisoners of War, July 27, 1929, 47 Stat. 2021
GC W&S 1929: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field, July 27, 1929, 47 Stat. 2074
HC (X) 1907: Convention (X) for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention, October 18, 1907, 36 Stat. 2371
ICC RS: Rome Statute of the International Criminal Court, July 17, 1998, 2187 U.N.T.S. 90
ICCPR: International Covenant on Civil and Political Rights, December 16, 1966, 999 U.N.T.S. 171
UN Charter: Charter of the United Nations, June 26, 1945, 59 Stat. 1031
International Courts, Tribunals, and
Other (quasi-) Judicial Bodies
ICC: International Criminal Court
ICTY: International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
ICJ: International Court of Justice
IACtHR: Inter-American Court of Human Rights
Official Records
O.R.: Official Records of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Genera, 1974–1977, Volumes I–XVII (Swiss Federal Political Department, Bern, 1978)
CDDH: Conference diplomatique sur la reaffirmation et le developpement du droit international humanitaire applicable dans les conflits armes [Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts], 1974-1977
ICRC Commentaries, Studies, and Submissions
ICRC, CE/7b: Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, 24 May - 12 June 1971, Document CE/7b, Vol. VII, Protection of the Wounded and Sick Geneva, January 1971, submitted by the International Committee of the Red Cross
ICRC, CIHLS: Customary International Humanitarian Law, Henckaerts and Doswald-Beck eds. (2005) [Volume I: Rules; Volume II: Practice – Parts 1 and 2] (Also denominated ICRC, Customary IHL Study)
ICRC, Commentary on GC I : Commentary on the Geneva Conventions of 12 August 1949, Vol. I, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Pictet ed. (1952)
ICRC, Commentary on GC II: Commentary on the Geneva Conventions of 12 August 1949, Vol. II, Geneva Convention for the for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Pictet ed. (1960)
ICRC, Commentary on GC III: Commentary on the Geneva Conventions of 12 August 1949, Vol. III, Geneva Convention Relative to the Treatment of Prisoners of War, Pictet ed. (1960)
ICRC, Commentary on GC IV Commentary on the Geneva Conventions of 12 August 1949, Vol. IV, Geneva Convention Relative to the Treatment of Civilians, Pictet ed. (1958)
ICRC, Commentary on the APs: Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, Sandoz, Swinarski, and Zimmermann eds. (1987)
Journals and Yearbooks
AJIL: American Journal of International Law
IRRC: International Review of the Red Cross
HSNJ: Harvard National Security Journal
RCADI: Recueil des Cours de l'Academie de Droit International
ILS: International Law Studies (Blue Book Series)
IYHR: Israel Yearbook of Human Rights
JICJ: Journal of International Criminal Justice
JNSLP: Journal of National Security Law and Policy
NYUJILP: New York University Journal of International Law and Politics
VJIL: Virginia Journal of International Law
YHIL: Yearbook of International Humanitarian Law
YILC: Yearbook of the International Law Commission
Fields of International Law
ICL: International criminal law
IHL: International humanitarian law (also known as the laws of armed conflict or the jus in bello)
IHRL: International human rights law
IRL: International refugee law
Types of Armed Conflict
IAC: International armed conflict
NIAC: Non-international armed conflict
Types of Non-state Parties to an Armed Conflict
OAG: Non-state organized armed group
Designated Terrorist Groups
FARC: Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia)
GRF: Global Relief Foundation
ISIS: Islamic State of Iraq and Syria (also known as the Islamic State of Iraq and the Levant [ISIL]; the Islamic State [IS]; and al-Dawla al-Islamiya fi al-Iraq wa al-Sham [Daesh])
LeT/JuD: Lakshar-e-Tayyiba/Jamaat-ud-Dawa
LTTE: Liberation Tigers of Tamil Eelam