scholarly journals Comprehensive methodology for calculating possible sanitary losses of the population and the need for assets and resources of the civilian health care in armed conflicts

Author(s):  
P. V. Avitisov ◽  
Sh. M. Gasanov

Relevance. In the zone of armed conflict (in the risk zone), people receive various injuries. The nature and severity of injuries depend on the combined impact of many damaging factors and the conditions of the medical situation. The number of medical units and institutions for providing medical assistance to those in need can be determined based on accurate forecast of the medical situation in the zone of armed conflict.Intention: To present the methodology for calculating the sanitary losses of the population in the course of an armed conflict and to determine resources of civilian health care in the territories of military operations.Methodology. Generalization and systematization of empirical, statistical and theoretical data are used, as well as traditional analysis of documents and literature on the topic of the study. The methodology is based on the following principles: multifactorial occurrence of sanitary losses; repeatability, multiple effects of damaging factors; the principle of uneven and nonsimultaneous occurrence of sanitary losses in the zone of armed conflict.Results and Discussion. Existing methods of forecasting and assessing the medical situation in the zone of armed conflict have been analyzed. A new algorithm for complex analysis and assessment of the medical situation has been developed.Conclusion. The data obtained can serve an important basis for organizing medical support for the population in the zone of armed conflict, protecting the life and health of those affected.

Author(s):  
Adam Paweł Olechowski

Abstract Contemporary armed conflicts, although not as global in scope as the two world wars in the 20th century, create serious threats in many dimensions. One of the areas of their influence is the natural environment. In fact every armed conflict, also one that takes place in a relatively small territory, causes a number of negative consequences in the natural environment. These, in turn, may have further consequences. Apart from the damage caused by military operations, accompanying phenomena appear on a large scale. In recent years, a series of armed conflicts in Africa and West Asia resulted in huge migrations of millions of people. In addition to the resulting humanitarian crises, large-scale environmental problems are observed. Thus, it clearly shows that even potentially minor military conflicts can lead to serious disturbances of the natural environment. The author shows the various consequences of armed conflicts for the natural environment over the last half century.


Author(s):  
Ian Park

The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas; thus the significance of the issue will remain unabated. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR; the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.


2021 ◽  
Vol 2 (2) ◽  
pp. 82-103
Author(s):  
Sergey Garkusha-Bozhko

The development of information technologies in the modern world affects all spheres of human activity, including the sphere of military activities of states. The current level of development of military information technologies allows us to talk about a new fifth possible theatre of military operations, namely, cyberspace. The Tallinn Manual on International Law Applicable to Cyber Operations, developed in 2013 and updated in 2017 by experts from the NATO States, also confirms the likelihood of armed conflict in cyberspace. It is indisputable fact that cyber operations committed in the context of an armed conflict will be subject to the same rules of International Humanitarian Law that apply to such armed conflict. However, many cyber operations that can be classified as military operations may be committed in peacetime and are common cybercrimes. In such circumstances, it is imperative to distinguish between such cybercrimes and situations of armed conflict in cyberspace. Due to the fact, that there are only two types of armed conflict — international and non-international, this problem of differentiation raises the question of the typology of armed conflicts in relation to cyberspace. The main questions within the typology of cyber armed conflicts are: whether an international armed conflict can start solely as a result of a cyber-attack in the absence of the use of traditional armed force; and how to distinguish between ordinary criminal behaviour of individuals in cyberspace and non-international armed conflict in cyberspace? The purpose of this article is to provide answers to these urgent questions. The author analyses the following criteria that play a role in solving the above problems: criteria for assigning a cyber attack to a state and equating such a cyber-attack with an act of using armed force in a cyber armed conflict of an international character; and criteria for the organization of parties and the intensity of military actions in a non-international cyber armed conflict. Based on the results of this analysis, the author gives relevant suggestions for solving the above issues.


Author(s):  
Krähenmann Sandra

This chapter discusses the legal protection of prisoners in any armed conflict and prisoner-of-war status in international armed conflicts. The protection of prisoners in armed conflict is based on ethical, military, and political elements. The humane treatment derives from fundamental legal obligations and the conviction that captured enemies no longer pose any threat to the lives of persons nor to the detaining power. While specific forms and procedures of treatment may be influenced by the former conduct of the prisoner during the combat, for example the use of prohibited weapons, attacks against protected persons, or perfidious acts, standard rules of protection apply. These are deeply rooted in international humanitarian law and human rights. Military considerations also play an important role in the treatment of prisoners in armed conflict. In principle, prisoners are of military value to the adversary. They can be used as sources of information or to influence their comrades who are still fighting. On the other hand, taking and detaining prisoners can impede the detaining power's military operations.


Author(s):  
Matthew T. King

The challenge presented by civilians on, near, and affecting the battlefield is an enduring issue in the Law of Armed Conflict (LOAC). At its core, the LOAC seeks to protect civilians from the dangers of hostilities. The challenge, then, involves adhering to this general respect and protection standard, while balancing the need to send forces (which may include civilian members) to prosecute armed conflicts (which may involve enemy civilian participants). As advancements in technology and a growing dependence on civilian expertise in armed conflict begin to blur the distinction between civilian activity and direct participation in hostilities, how will military forces ensure civilians are properly protected on the battlefield? At what point does civilian involvement in military operations become direct participation in the conflict?


2020 ◽  
Vol 35 (4) ◽  
pp. 442-446
Author(s):  
Zakaria A. Mani ◽  
Lisa Kuhn ◽  
Virginia Plummer

AbstractIntroduction:High rates of mortality and morbidity result from disasters of all types, including armed conflicts. Overwhelming numbers of casualties with a myriad of illnesses and patterns of injuries are common in armed conflicts, leading to unpredictable workloads for hospital health care providers (HCPs). Identifying domains of hospital HCPs’ core competency for armed conflicts is essential to inform standards of care, educational requirements, and to facilitate the translation of knowledge into safe and quality care.Objective:The objective of this study is to identify the common domains of core competencies among HCPs working in hospitals in armed conflict areas.Methods:A scoping review was conducted using the Joanna Briggs Institute framework. The review considered primary research and peer-reviewed literature from the following databases: Ovid Medline, Ovid EmCare, Embase, and CINAHL, as well as the reference lists of articles identified for full-text review. Eligibility criteria were outlined a priori to guide the literature selection.Results:Four articles met the inclusion criteria. The studies were conducted in different countries and were published from 2011 through 2017. The methods included three surveys and one Delphi study.Conclusion:This review maps the scope of knowledge, skills, and attitudes required by HCPs who are practicing in hospitals in areas of major armed conflict. Incorporation of identified core competency domains can improve the future planning, education, and training, and may enhance the HCPs’ response in armed conflicts.


Author(s):  
Christian Schaller

The chapter explores the temporal scope of the law of armed conflict in multinational military operations. In particular, it is discussed under which conditions armed conflicts begin and terminate as a matter of international humanitarian law (IHL). Asymmetric conflict structures, fluctuating levels of violence, and the involvement of a multitude of state and non-state actors who enter and leave the battlefield at different stages during the hostilities make it especially difficult to determine the end of an armed conflict. Often, periods of intense fighting alternate with periods of relative calm. It is therefore argued that two requirements should be satisfied before an armed conflict within the meaning of IHL ought to be considered over: the situation must fall below a certain qualitative threshold separating the armed conflict from the post-conflict phase; and the threshold must be crossed with a degree of stability and permanence.


2019 ◽  
Vol 17 (4) ◽  
pp. 723-752 ◽  
Author(s):  
Simone Hutter

Abstract Armed conflict can cause food shortages, which continue long after the fighting is over, and increase the chance that a famine may occur. When it occurs during the context of an armed conflict, death resulting from hunger is tolerated by the international community. Yet, the prevention or alleviation of famines, even within environmentally precarious regions, is often within human control. This gives rise to the following questions. Can a state use the outbreak of an armed conflict as an excuse to remain passive while starvation takes its course? Is it justified for a state to allocate most of its resources to its military operations, while claiming to have difficulties to collect sufficient resources to meet its minimum core obligations under international human rights law? This article aims to clarify these complex questions and elaborates on how the framework of human rights law includes provisions to prevent starvation in armed conflicts. With a focus on the right to food, this analysis scrutinizes the human rights-based obligations to respect, protect and fulfil, which impose clear duties on states with respect to famines. As it is generally accepted that international human rights law continues to apply in situations of armed conflict, both human rights law and international humanitarian law apply simultaneously in these scenarios. The analysis thus also examines the complex relationship between obligations under human rights law and humanitarian law and the influence of the former on the assessment of latter. Finally, the article touches upon the scope of obligations held by armed non-state actors.


2014 ◽  
Vol 5 (1-2) ◽  
pp. 105-129 ◽  
Author(s):  
Eve Massingham ◽  
Kelisiana Thynne

In the last ten years or so, the international community has seen an increase in the suppression of revolutionaries or insurrectionists by authoritarian regimes. There has also been a growing urbanisation of violence, in which gangs infiltrate urban societies due to a lack of provision of State services. This landscape of violence continually morphs from one dominated by armed conflicts (to which international humanitarian law (ihl) applies) to one that increasingly involves ‘other situations of violence’ which fall short of the threshold of armed conflict (and which are not regulated by ihl). These ‘other situations of violence’, whilst wildly disparate in many ways, share the tragedy (also shared with armed conflict) of the impediments they place on access to health care by those left vulnerable as a result of the breakdown of domestic legal order. This paper reviews existing laws and principles, which could apply to ‘other situations of violence’ such as those found in ihl and human rights law. It makes the case that an international framework could have a stronger presence in the regulation of ‘other situations of violence’, in order to ensure the protection of those who need it most.


This updated and revised fourth edition sets out a Black Letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary. The book takes account of recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues including the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. Certain topics, such as the law of occupation, protection of the environment in relation to armed conflicts, humanitarian assistance, and human rights in armed conflict have been made more visible in separate chapters.


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