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Violence against health care II Volume 95 Number 890 Summer 2013 95 Number 890 Summer 2013 Volume Volume 95 Number 890 Summer 2013 Reflections on the Colombian case law on the protection of medical personnel against punishment Ekaterina Ortiz Linares and Marisela Silva Chau The Vukovar Hospital case from the perspective of a national investigative judge Miroslav Alimpic´ The relevance of the Fundamental Principles to operations: learning from Lebanon Sorcha O’Callaghan and Leslie Leach Attacks on medical missions: overview of a polymorphous reality: the case of Médecins Sans Frontières Caroline Abu Sa‘Da, Françoise Duroch and Bertrand Taithe Opinion Note: A way forward in protecting health services in conflict: moving beyond the humanitarian paradigm Leonard S. Rubenstein Q&A: ‘Health care in danger’: In conversation with Pierre Gentile The law regulating cross-border relief operations against health careViolence II Emanuela-Chiara Gillard From face-to-face to face-to-screen: remote management, effectiveness and accountability of humanitarian action in insecure environments Antonio Donini and Daniel Maxwell The Occupied Palestinian Territory and international humanitarian law: a response to Peter Maurer Shawan Jabarin What’s new in law and case law around the world? Biannual update on national implementation of international humanitarian law related treaties July – December 2012 New publications in humanitarian action and the law This selection is based on the new acquisitions of the ICRC Library and Public Archives Book Review: The terror courts: rough justice at Guantanamo Bay, Jess Bravin Diane Marie Amann Humanitarian debate: Law, policy, action Violence against www.icrc.org/eng/review Cambridge Journals Online For further information about this journal please health care go to the journal web site at: ISSN 1816-3831 http://www.journals.cambridge.org/irc Part II : The way forward 118163831_95-2.indd8163831_95-2.indd 1 118/08/148/08/14 44:08:08 PPMM Editorial Team Editor-in-Chief: Vincent Bernard Editor: Mariya Nikolova Editorial Assistants: Gaetane Cornet, The Review is printed in English and is Elvina Pothelet published four times a year, in Spring, Publication assistant: Claire Franc Abbas Summer, Autumn and Winter. Book review editor: Jamie A. Williamson Annual selections of articles are also Special thanks : Paul-Henri Arni, published in Arabic, Chinese, French, Olga Miltcheva, Pierre Gentile, Aim and scope Russian and Spanish. Robin Coupland, Alexander Breitegger, Established in 1869, the International Review of the Red and Fania Khan. Cross is a periodical published by the ICRC and Cambridge Published in association with University Press. Its aim is to promote reflection on International Review of the Red Cross Cambridge University Press. humanitarian law, policy and action in armed conflict and 19, Avenue de la Paix, CH 1202 Geneva other situations of collective armed violence. A specialized CH - 1202 Geneva journal in humanitarian law, it endeavours to promote t +41 22 734 60 01 knowledge, critical analysis and development of the law, and e-mail: [email protected] contribute to the prevention of violations of rules protecting fundamental rights and values. The Review offers a forum Editor-in-Chief for discussion on contemporary humanitarian action as well Vincent Bernard Submission of manuscripts ©icrc 2014 as analysis of the causes and characteristics of conflicts so ICRC The International Review of the Red Cross invites Authorization to reprint or republish as to give a clearer insight into the humanitarian problems Editorial Board submissions of manuscripts on subjects relating any text published in the Review must they generate. Finally, the Review informs its readership on Rashid Hamad Al Anezi to international humanitarian law, policy and be obtained from the Editor-in-Chief. questions pertaining to the International Red Cross and Red Kuwait University, Kuwait action. Issues focus on particular topics, decided Requests should be addressed to the Crescent Movement and in particular on the activities and Annette Becker by the Editorial Board, which can be consulted Editorial Team. policies of the ICRC. Université de Paris-Ouest Nanterre La Défense, France under the heading ‘Future Themes’ on the website of the Review. Submissions related to Françoise Bouchet-Saulnier Subscriptions Médecins sans Frontières, Paris, France these themes are particularly welcome. The subscription price is available online Alain Délétroz at: http://journals.cambridge.org/action/ International Committee of the Red Cross Bioma SA, Switzerland Articles may be submitted in Arabic, Chinese, English, French, Russian and Spanish. Selected displayJournal?jid=IRC The International Committee of the Red Cross (ICRC) Helen Durham is an impartial, neutral and independent organization Australian Red Cross, Melbourne, articles are translated into English if necessary. Requests for subscriptions can be made to whose exclusively humanitarian mission is to protect the Australia the following address: Submissions must not have been published, lives and dignity of victims of war and other situations of Mykola M. Gnatovskyy violence and to provide them with assistance. It directs Kyiv National Taras Shevchenko submitted or accepted elsewhere. Articles are Cambridge University Press, The Edinburgh and coordinates the international activities conducted University, Ukraine subjected to a peer-review process; the fi nal Building, Shaftesbury Road, Cambridge by the Movement in armed conflict and other situations Bing Bing Jia decision on publication is taken by the CB2 8RU; or in the USA, Canada and of violence. It also endeavours to prevent suffering by Tsinghua University, Beijing, China Editor-in-Chief. The Review reserves the right to Mexico, email [email protected]: promoting and strengthening international humanitarian Abdul Aziz Kébé edit articles. Notification of acceptance, rejection Cambridge University Press, 32 Avenue of Cheikh Anta Diop University, Dakar, or the need for revision will be given within four the Americas, New York, NY 10013-2473, law and universal humanitarian principles. Established Senegal in 1863, the ICRC is at the origin of the International weeks of receipt of the manuscript. Manuscripts email [email protected]. Red Cross and Red Crescent Movement. Elizabeth Salmón will not be returned to the authors. Pontificia Universidad Católica del Perú, The International Review of the Red Cross Lima, Peru Manuscripts may be sent by e-mail to: Members of the Committee is indexed in the Thomson Reuters Journal Marco Sassòli, [email protected] Citation Reports/Social Sciences Edition President: Peter Maurer University of Geneva, Switzerland Vice-President: Olivier Vodoz and has an Impact Factor. The Review is Yuval Shany Manuscript requirements available on LexisNexis. Permanent Vice-President: Christine Beerli Hebrew University, Jerusalem, Israel Articles should be 7,000 to 10,000 words in Hugo Slim length. Shorter contributions can be published Cover Photo: An ambulance drives to a Mauro Arrigoni Jürg Kesselring University of Oxford, UK under the section ‘Comments and opinions’ or Hugo Bänziger Thierry Lombard bomb blast site in Kabul, Afghanistan, Gary D. Solis ‘Selected articles on international humanitarian 28 September 2005. REUTERS/Ahmad François Bugnion Yves Sandoz Georgetown University, Washington DC, law’. Jacques Chapuis Doris Schopper USA Masood Bernard G. R. Daniel Rolf Soiron Nandini Sundar For further information, please consult the Melchior de Muralt Bruno Staffelbach Delhi University, New Delhi, India website of the Review: Paola Ghillani Heidi Tagliavini Fiona Terry www.icrc.org/eng/resources/international- Alexis Keller Daniel Thürer Independent researcher on humanitarian review. action, Australia Peter Walker Feinstein International Center, Tufts University, Boston, USA 118163831_95-2.indd8163831_95-2.indd 2 118/08/148/08/14 44:09:09 PPMM Volume 95 Number 890 Summer 2013 Humanitarian debate: Law, policy, action Violence against health care Part II: The way forward CONTENTS PREVIOUS ISSUE: Violence against health care Part 1: The Problem and the Law VIOLENCE AGAINST HEALTH CARE II: THE WAY FORWARD Addressing violations of health care delivery 251 Reflections on the Colombian case law on the protection of medical personnel against punishment Ekaterina Ortiz Linares and Marisela Silva Chau 267 The Vukovar Hospital case from the perspective of a national investigative judge Miroslav Alimpic´ Dilemmas in the field: providing health care in conflict zones 287 The relevance of the Fundamental Principles to operations: learning from Lebanon Sorcha O’Callaghan and Leslie Leach 309 Attacks on medical missions: overview of a polymorphous reality: the case of Médecins Sans Frontières Caroline Abu Sa‘Da, Françoise Duroch and Bertrand Taithe The way forward 331 Opinion Note: A way forward in protecting health services in conflict: moving beyond the humanitarian paradigm Leonard S. Rubenstein 341 Q&A: ‘Health Care in Danger’: In conversation with Pierre Gentile 248 Volume 95 Number 890 Summer 2013 Articles published by the International Review of the Red Cross reflect the views of the author alone and not necessarily those of the ICRC or of the journal. Only texts bearing an ICRC signature may be ascribed to the institution. Selected articles on IHL and humanitarian action 351 The law regulating cross-border relief operations Emanuela-Chiara Gillard 383 From face-to-face to face-to-screen: remote management, effectiveness
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