Shared Flashcard Set

Details

Women Health Care and IHL
IHL
18
Law
Graduate
12/03/2015

Additional Law Flashcards

 


 

Cards

Term
Women and Armed Conflict
Definition

Women are entitled to get protection of IHL

The protection should be on non-discriminatory basis.

It means - 'protections are for both combatant & civilians. 

 

Term
Prohibitions in 4 GCs and 2APs
Definition

GC I, Art. 12; GC II Article 12; GC II Art. 14 & 16, GCIV art. 27. 

API art. 17, APII Art. 4. 

Term
GC I art. 12, GC II Art. 12, GC III Art. 14.
Definition
Women shall be treated with all considerations due to their gender.
Term
Issues covered by GC and AP
Definition
  1. Humane treatment of female combatant and POWs.
  2. Female internee and civilians accused of offences aganist an occupying power.
  3. protection from abuse and degrading treatment. 
  4. provision for special needs of pregnant women and and mothers of child.
Term
Separate accomodation for civilian men women and female supervision
Definition
AP I, Art. 75.5
Term
IHL forbids any attack upon the honor of women
Definition
GC IV, Art. 27, API Art. 75, 76; APII Art. 4.
Term
Health Care and IHL
Definition

In armed conflict IHL provides protection of health care services. 

IHL does not cover situations where armed conflict does not exist. 

IHL protection in health care is not comprehensive.

 

Term
  1. Bahrain in 2011- state forces tortured and arrested doctors and nurses of main hospital
  2. In Syria, attacks on patient and doctors increased.
  3. In Iraq, killing and kidnapping of doctors increased. 
Definition

These acts contributed to the emigration of health professionals in 2004-2007. 

 

Term
Art. 56 of GCIV
Definition
Occupying power has duty to maintain and continue health care system.
Term
Art.12 GC I
Definition
For wounded and sick in Armed forces in the field.
Term
Art. 12 GC II
Definition
Wounded, sick and shipwrecked members of the armed forces at sea.
Term

GC IV : Art. 18-20

API : Art. 12,15, 21 

Definition
Protection of victims in IAC
Term
AP II : Art. 8,10, 11
Definition
Victim protection in NIAC.
Term
Human rights and Art. 12 of ICESCR
Definition
Right to highest attainable standard of health
Term

Medical Personnel

Must be respected and protected from attack and harm

Definition

GC I Art. 21

API Art 13

APII Art. 11

Term
GC I Art. 23 and GC IV art. 14
Definition
Establishment of hospital safety zones and protection of civilian hospitals and staff.
Term

GC I Art. 19, GC IV art. 18 

API art. 12, APII art. 11 (1) 

Definition
Medical units must be protected and respected in all circumstances.
Term

Concluding remarks

  1. Health care protection in IAC & NIAC is complex and requires multiple strategies.
  2. IHL set of rules are critically important.
Definition
  1. Human rights bodies need to play role. 
  2. HR mechanism can be employed to overcome the gap in IHL instruments. 
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