Biomedical Enhancement of Warfighters and the Legal Protection of Military Medical Personnel in Armed Conflict

2017 ◽  
Vol 26 (3) ◽  
pp. 421-448 ◽  
Author(s):  
Rain Liivoja
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Medical Personnel ◽  
Biomedical Enhancement

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

9 Protection of the Natural Environment

2020 ◽  
Author(s):  
Payne Cymie R
Keyword(s):  
Natural Environment ◽  
Armed Conflict ◽  
Private Property ◽  
Environmental Law ◽  
Ecological Integrity ◽  
Medical Personnel ◽  
Customary Law ◽  
Military Operations ◽  
Cultural Elements ◽  
International Law Commission

This chapter focuses on international humanitarian law’s (IHL) limitations on warfare to protect the natural environment from extremely serious damage and to prevent unnecessary or wanton harm. IHL protection of the environment developed from the principle of protection of civilians, and it has similar motives and goals. The chapter then describes a legal regime that is undergoing development. The International Law Commission (ILC) termed the overall topic ‘Protection of the Environment in Relation to Armed Conflict’ (PERAC). The central rules of IHL that are well accepted as customary law provide protection to aspects of the environment that can be considered public or private property, or that are essential to human survival. These aspects of PERAC are firmly rooted in the earliest law of war protections for drinking water, crops, and cultural elements, and in modern domestic environmental law and social norms. Yet protection of the environment during armed conflict as a specific legal obligation is a sufficiently recent international norm that its status as binding law has been more contested than early humanitarian commitments like neutrality of medical personnel. This reflects the tension between recognition of the importance of ecological integrity to peace and the interests of states in retaining freedom in their conduct of military operations.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals Contemporary problems of professional activity of anesthesiologists-resuscitators

2020 ◽  
Vol 22 (2) ◽  
pp. 149-152
Author(s):  
K. S. Klyukovkin ◽  
L. V. Kochorova ◽  
M. V. Okulov ◽  
S. A. Kozhin
Keyword(s):  
Legal Protection ◽  
Federal District ◽  
Psychological Adaptation ◽  
Medical Personnel ◽  
Medical Specialty ◽  
Professional Activity ◽  
North West ◽  
Professional Activities ◽  
The North ◽  
Medical University

The results of studying the opinions of anesthetists-resuscitators on topical issues of the implementation of their professional activities are presented. A total of 450 doctors were interviewed in St. Petersburg and 450 doctors in other regions of the North-West Federal District. It was found that 68,8% of anesthetists-resuscitators received specialized training in anesthesiology-resuscitation immediately after graduating from a medical university and work by vocation. At the same time, their professional activity is associated with increased workload (about a third of specialists work with workloads of up to80-90 hours a week), including psycho-emotional work (57,4% of respondents experience constant stress, 45,6% have chronic diseases, resulting from professional activities). The main directions of optimizing the conditions of their activity, doctors call both financial (raising wages, equipping with modern medical equipment), and organizational measures (optimizing the balance of work and rest, reducing the load). 61% of doctors working in St. Petersburg would not want to change jobs, in other regions only 27,6% of respondents would not want to change anything, and 15,5% plan to change their medical specialty. Among the positive aspects of their work, doctors unanimously noted the factors of emotional comfort: the ability to help people, a good work team, and a convenient work schedule. Doctors consider tension and fatigue, wage mismatch with the workload, and lack of legal protection as negative sides. Given the high degree of commitment of resuscitation anesthetists to their profession, adaptation to difficult conditions, the main efforts should be directed to measures to attract and retain medical personnel, optimize the required volumes and forms of advanced training, introduce a system of psychological adaptation of specialists to working conditions, development of legal support measures for doctors.

scholarly journals Problems of medical staff protection in the context of armed conflict in Ukraine

Social Law ◽  
2019 ◽  
pp. 94-98
Author(s):  
G. Gabrelyan
Keyword(s):  
Medical Staff ◽  
Armed Conflict ◽  
Criminal Responsibility ◽  
Medical Personnel ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Medical Facilities ◽  
Staff Protection ◽  
International Character

It has been proved that since the beginning of Russian aggression in the east of Ukraine the problems of international humanitarian law, in particular the protection of medical personnel in the context of armed conflict, have become particularly relevant. It is determined that, through its peaceful policy, Ukraine is not ready for armed aggression. The provisions of international normative legal acts regulating the protection of medical personnel and medical facilities during armed conflicts of international and international character are examined. The basics of implementation of the provisions of international humanitarian law by national legislation and peculiarities of criminal responsibility for violations and crimes against physicians in the area of ​​armed conflict are investigated.

scholarly journals PREVENT ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT

2018 ◽  
Vol 5 (2) ◽  
pp. 72-99
Author(s):  
Z. M. Jaffal ◽  
W. F. Mahameed
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
Protection Method ◽  
Enforcement Mechanisms

International humanitarian law consists of different rules that are used for protecting people and restricting the methods of warfare. The application of international humanitarian law is not only limited to the protection of victims related to armed conflicts during the outbreak of hostilities; however, it is also helpful for protecting the victims of these conflicts, including environment. The legal rules for the protection of environment in armed conflict also provide legal protection for the environment during the outbreak of hostilities. The study is divided into several sections, starting from environmental damage in the context of warfare. Afterward, the study discusses the importance of preventive measures in armed conflicts. Furthermore, the properties of prevention protection of environment are discussed including cultural property, engineering installations and protected areas near hospitals and safety zones. The study has shown positive consequences of preventive protection method in both the conduct and the outbreak of hostilities. A set of mechanisms or legal procedures is imposed under humanitarian conventions to provide preventive protection to the environment. The principles of humanitarian law have been developed and enforced through the actions of the Red Cross. However, proved nonetheless to be insufficient to prevent environmental destruction. Principally, the enforcement mechanisms hindered the effectiveness of the provisions. In contrast, several conditions for the possibility of registering cultural property in the international register of cultural should be encouraged based on special prevention mechanisms so that the humanitarian conventions can take serious considerations towards it.

scholarly journals Documenting patient’s violent behavior by medical staff of hospital emergency departments

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Anna Burak ◽  
Justyna Antoniewicz ◽  
Elżbieta Malinowska ◽  
Katarzyna Cierzniakowska
Keyword(s):  
Health Care Professionals ◽  
Emergency Departments ◽  
Violent Behavior ◽  
Legal Protection ◽  
Medical Personnel ◽  
Medical Professional ◽  
Survey Method ◽  
Hospital Emergency ◽  
Second Person ◽  
Hospital Emergency Departments

Abstract Introduction. Hospital emergency departments (ED) are places of the highest aggression rates towards staff. In Poland, in the case of violent behavior personnel can exercise the right to legal protection reserved to public officials. To be able to exercise it, personnel should document the course of violent behavior they were subject to. Aim. The aim of the study was to examine whether the staff of ED document violent behavior they are subject to in the workplace and to answer the question: what factors are they taking into account while reporting or not violent behavior incidents. Methods. The study was conducted among medical personnel of six hospital ED in Poland. A total of 282 health care professionals took part in the study. The diagnostic survey method was applied. The data was compiled using Statistica PL and Microsoft Excel software. Results. 43.3% of respondents always document cases of violent behavior and 5.3% never do it. The personnel document aggression mainly for the purpose of their own safety - 44.8%. 40% of respondents who do not document acts of aggression consider it pointless. Conclusions. Cases of aggression are registered in medical records by nearly every second person of medical professional. The reasons for documenting cases of aggression include: concern for own safety, procedures in force in the unit, fear of further consequences.

scholarly journals KONSEP PERLINDUNGAN HUKUM BAGI TENAGA MEDIS DALAM PENANGANAN COVID 19

2021 ◽  
Vol 9 (1) ◽  
pp. 52
Author(s):  
Dyah Tri Handini
Keyword(s):  
At Risk ◽  
Immune System ◽  
Criminal Law ◽  
Medical Practice ◽  
Public Awareness ◽  
Legal Protection ◽  
Medical Personnel ◽  
Employment Law ◽  
Ministry Of Health ◽  
The Republic

<p><em>This article aims to understand the concept of legal protection for medical personnel in handling COVID-19. The increase in the incidence of covid 19 has an impact on the workload experienced by medical personnel, causing a decrease in the immune system of medical personnel. Most people who think that covid 19 is just a conspiracy have an impact on reducing public awareness in preventing covid 19. People who lack awareness of the importance of the covid 19 protocol will result in medical personnel being more at risk of being exposed to and experiencing covid 19. The results of this article show that there has been legal protection for medical personnel in handling COVID-19, both criminal law protection and employment law. The conclusion of this article is that the aspect of legal protection for medical personnel is contained in the codeki, Law R1 NO 29 of 2004 concerning Medical Practice, especially Article 48 concerning Medical Secrets, Regulations of the Minister of Health of the Republic of Indonesia number 269 and 290 and the Ministry of Health of the Republic of Indonesia</em><em>.</em></p><p><strong>Keywords<em>:</em></strong><em> Legal Protection, Medical Personnel, Covid-19.</em></p><p> </p><p>Artikel ini bertujuan untuk megetahui konsep perlindungan hukum bagi tenaga medis dalam penanganan covdi 19. Peningkatan kejadian covid 19 berdampak pada beban kerja yang dialami oleh tenaga medis sehingga meyebabkan penurunan sistem imun pada tenaga medis. Kebanyakan masyarakat yang menganggap bahwa covid 19 hanyalah sebuah konspirasi berdampak pada berkurangnya kesadaran masyarakat dalam pencegahan covid 19. Masyarakat yang kurang kesadaran akan pentingnya protokol covid 19 akan mengakibatkan tenaga medis lebih berisiko terpapar dan mengalami covid 19. Hasil artikel ini menunjukkan bahwa telah adanya perlidungan hukum bagi tenaga medis dalam penanganan covid 19, baik perlindungan hukum pidana maupun hukum ketenagakerjaan.  Kesimpulan artikel ini bahwa aspek perlindungan hukum bagi tenaga medis tertuang pada kodeki, UU R1 NO 29 Tahun 2004 tentang Praktek Kedokteran, khususnya pasal 48 tentang Rahasia Kedokteran, Peraturan Menteri Kesehatan Republik Indonesia nomor 269 dan 290 serta Kemenkes RI.</p><strong>Kata Kunci:</strong> Perlindungan Hukum, Tenaga Medis, Covid-19

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