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Violence against health care I Volume 95 Number 889 Spring 2013 95 Number 889 Spring 2013 Volume Volume 95 Number 889 Spring 2013 Editorial: Violence against health care: giving in is not an option Vincent Bernard, Editor-in-Chief Interview with Walter T. Gwenigale Minister of Health and Social Welfare of the Republic of Liberia Violence against health care: insights from Afghanistan, Somalia, and the Democratic Republic of the Congo Fiona Terry Making sense of apparent chaos: health-care service provision in six country case studies Enrico Pavignani, Markus Michael, Maurizio Murru, Mark E. Beesley and Peter S. Hill The role of health-related data in promoting the security of health care in armed conflict and other emergencies Robin Coupland Interview: In conversation with the members of the National Permanent Roundtable for the Respect of the Medical Mission in Colombia Violence against health care I The legal framework applicable to insecurity and violence affecting the delivery of health care in armed conflicts and other emergencies Alexander Breitegger States’ obligations to mitigate the direct and indirect health consequences of non-international armed conflicts: complementarity of IHL and the right to health Amrei Müller A human rights approach to health care in conflict Katherine H. A. Footer and Leonard S. Rubenstein Medical ethics in peacetime and wartime: the case for a better understanding Vivienne Nathanson Opinion Note: Can the incidental killing of military doctors never be excessive? Laurent Gisel New publications in humanitarian action and the law This selection is based on the new acquisitions of the ICRC Library and Public Archives 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 I : The problem and the law 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 humani- International Review of the Red Cross Cambridge University Press. tarian law, policy and action in armed conflict and other situ- 19, Avenue de la Paix, CH 1202 Geneva ations of collective armed violence. A specialized journal in CH - 1202 Geneva humanitarian law, it endeavours to promote knowledge, criti- t +41 22 734 60 01 cal analysis and development of the law, and contribute to e-mail: [email protected] the prevention of violations of rules protecting fundamental rights and values. The Review offers a forum for discussion Editor-in-Chief on contemporary humanitarian action as well as analysis of Vincent Bernard Submission of manuscripts ©icrc 2014 the causes and characteristics of conflicts so as to give a ICRC The International Review of the Red Cross Authorization to reprint or republish clearer insight into the humanitarian problems they gener- Editorial Board invites submissions of manuscripts on subjects any text published in the Review must ate. Finally, the Review informs its readership on questions Rashid Hamad Al Anezi relating to international humanitarian law, pol- be obtained from the Editor-in-Chief. pertaining to the International Red Cross and Red Crescent Kuwait University, Kuwait icy and action. Issues focus on particular topics, Requests should be addressed to the Movement and in particular on the activities and policies of Annette Becker decided by the Editorial Board, which can be Editorial Team. the ICRC. Université de Paris-Ouest Nanterre La Défense, France consulted 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 Australia the following address: Submissions must not have been published, sub- the lives and dignity of victims of war and other situ- Mykola M. Gnatovskyy ations of violence and to provide them with assistance. Kyiv National Taras Shevchenko mitted or accepted elsewhere. Articles are sub- Cambridge University Press, The Edinburgh It directs and coordinates the international activities University, Ukraine jected to a peer-review process; the final decision Building, Shaftesbury Road, Cambridge conducted by the Movement in armed conflict and other Bing Bing Jia on publication is taken by the Editor-in-Chief. CB2 8RU; or in the USA, Canada and situations of violence. It also endeavours to prevent suf- Tsinghua University, Beijing, China The Review reserves the right to edit articles. Mexico, email [email protected]: fering by promoting and strengthening international Abdul Aziz Kébé Notification of acceptance, rejection or the need Cambridge University Press, 32 Avenue of Cheikh Anta Diop University, Dakar, for revision will be given within four weeks of the Americas, New York, NY 10013-2473, humanitarian law and universal humanitarian princi- Senegal ples. Established in 1863, the ICRC is at the origin of the receipt of the manuscript. Manuscripts will not email [email protected]. International Red Cross and Red Crescent Movement. Elizabeth Salmón 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 Volume 95 Number 889 Spring 2013 Humanitarian debate: Law, policy, action Violence against health care Part I: The problem and the law CONTENTS VIOLENCE AGAINST HEALTH CARE I: THE PROBLEM AND THE LAW 5 Editorial: Violence against health care: giving in is not an option Vincent Bernard, Editor-in-Chief 13 Interview with Walter T. Gwenigale Minister of Health and Social Welfare of the Republic of Liberia Making the case 23 Violence against health care: insights from Afghanistan, Somalia, and the Democratic Republic of the Congo Fiona Terry 41 Making sense of apparent chaos: health-care service provision in six country case studies Enrico Pavignani, Markus Michael, Maurizio Murru, Mark E. Beesley and Peter S. Hill 61 The role of health-related data in promoting the security of health care in armed conflict and other emergencies Robin Coupland The regulatory framework 73 Interview: In conversation with the members of the National Permanent Roundtable for the Respect of the Medical Mission in Colombia 83 The legal framework applicable to insecurity and violence affecting the delivery of health care in armed conflicts and other emergencies Alexander Breitegger 2 Volume 95 Number 889 Spring 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. 129 States’ obligations to mitigate the direct and indirect health consequences of non-international armed conflicts: complementarity of IHL and the right to health Amrei Müller 167 A human rights approach to health care in conflict
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