Правовая защита системы гражданского здравоохранения в условиях вооруженного конфликта

Abstract

Summary. The aim of the study is to analyze the modern interpretation of the norms of international humanitarian law (IHL), devoted to the loss of special protection for the objects of the health care system in the light of the updated Commentary to the Geneva Convention I (GC I). Materials and research methods. Materials of the study were the updated Commentary to the Geneva Convention I: Convention for the Amelioration of the Condition of the Wounded and Sick in Active Armies; domestic and foreign literature on the protection of medical personnel in armed conflict. The method of the research is analytical. Results of the study and their analysis. It is noted that the protection of the wounded and sick, as well as medical personnel in conditions of armed conflict is the cornerstone of international humanitarian law. The legal analysis of the IHL notion of “action causing damage to the enemy”, which links the need to provide special protection to the objects of the health care system (medical personnel, institutions and vehicles) to the interests of the wounded and sick, has been carried out. The question of the legality of an attack by a party of the conflict on the medical personnel and health care facilities of the enemy as a result of the latter committing acts prejudicial to the enemy is considered. The conclusion is made about the necessity of strict observance of IHL norms by medical personnel in providing medical and sanitary aid in wartime.