الرافدین للحقوق (Dec 2023)
Civil liability for fault in the medical certificate
Abstract
Medical objects include all individuals, associations, bodies and medical services that provide medical assistance to wounded, sick and injured civilians or armed forces during armed conflict. These objects act in both international and non-international armed conflicts that occur and may be in the territory of these objects or the other party. It approved Additional Protocol I of 1977, defining and characterizing these medical personnel and means of medical transport in the air, sea and land, and approved the general and special protection.There are many definitions of armed conflict and on the one hand we know that armed conflict encompasses any conflict or war, between two or more parties using armed force to achieve a particular objective. These conflicts became unleashed as they eventually came under international laws from the use of means and methods of warfare and were divided into three types. If it exists between two or more States in the territory of a State party called international armed conflicts, If it exists between regular state forces and dissident irregular forces with specific goals and objectives, they try to reach it through military operations with the forces of their own state. It's called non-international armed conflicts, and the kind that combines these two types of conflicts with the support of one state for those irregular forces is called dictated or hybrid conflicts.Mechanisms for the enforcement of international humanitarian law for the protection of medical objects, through national mechanisms that include both international adherence to international conventions and their harmonization with national legislation and the dissemination of such conventions among military and civilian groups to make everyone aware of and abide by those rules in time of peace and war. International mechanisms obliging States to apply, including the United Nations concerned, to monitor and issue binding resolutions on inter-State disputes and violations of medical objects, the role of the International Committee of the Red Cross in providing assistance to civilians and protecting medical objects, and, if necessary, the International Fact-Finding Commission to identify the defendant and violator of such objects, and the role of international criminal justice in prosecuting civilians.
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