Michael Meyer
Head of International Law
British Red Cross
mmeyer@redcross.org.uk
There are sometimes problems in the United Kingdom (UK) with the secure functioning of health care, including assaults against ambulance paramedics. However, these problems, while of course unacceptable and very regrettable, do not occur in situations of armed conflict and are not caused by disregard for the protected function of medical services under international humanitarian law (IHL). Consequently, the British Red Cross (BRC) does not consider that these issues fall under the remit of Health Care in Danger (HCiD) generally, or Resolution 4 of the 32nd International Conference in particular.
The approach of the BRC to HCiD is focused on promoting awareness and understanding of the relevant provisions under IHL that prohibit violence against patients, health-care workers, facilities and vehicles, and that guarantee safe access to and delivery of health care in armed conflict. In this regard, the BRC has implemented the following HCiD initiatives in 2016 and 2017:
• 26 June 2017: Together with the International Committee of the Red Cross (ICRC), the British Red Cross has prepared a joint paper on the implementation of IHL for the Commonwealth Law Ministers' Meeting in October 2017, which included a section on health care delivery in armed conflict.
• 17 – 19 May 2017: Participated in the Annual HCiD Meeting and the HCiD Movement Reference Group Meeting.
• 2 May 2017: Participated in the ‘Protecting Medical Impartiality’ event organised by the British Medical Association, the ICRC and Médecins Sans Frontières (MSF) UK.
• 9 December 2016: The Joint Statement on HCiD, “Everyone wounded and sick has the right to health care,” was circulated to relevant UK government officials.
• 8 December 2016: As a member of the UK Defence Medical Services Ethics Committee, the British Red Cross Head of International Law contributed to the draft Defence Medical Services Ethics Policy. This may include reference to the Ethical Principles of Health Care in Times of Armed Conflict and Other Emergencies developed by the ICRC and partner organisations. The Ethics Policy has not yet been finalised.
• 18 October 2016: Meeting with UK academic researcher about potential research projects related to HCiD.
• 1 October 2016: Annual IHL lecture, including the protection of the medical function, with reference to relevant HCiD publications. This was delivered by a British Red Cross International Law Adviser to students on the Conflict and Catastrophe Medicine diploma course at the Worshipful Company of Apothecaries in London.
• 26 September 2016: Working level meeting with officials from the Foreign and Commonwealth Office (FCO), the Ministry of Defence (MOD), and the Department for International Development (DFID), to discuss possible ways to give effect to the HCiD Resolution adopted by the 32nd International Conference, and the respective joint Commonwealth and European Union pledges on the same topic.
• 13 September 2016: The UK NGO - Military Contact Group (NMCG) meeting included a discussion on HCiD, with speakers from the FCO’s Conflict Department, the ICRC’s London Office, and MSF UK.
As mentioned in response to Question 1. i) above, the British Red Cross does not consider that these issues, in the UK, fall under the remit of HCiD and therefore we have neither collected nor analysed any such data.
The International Law Department of the British Red Cross regularly provides training on ‘IHL and the Movement’ to staff and volunteers, which includes a discussion on the protected function of medical services and the Fundamental Principles.
• As a member of the UK Defence Medical Services Ethics Committee, the British Red Cross Head of International Law contributed to the draft Defence Medical Services Ethics Policy. This may include reference to the Ethical Principles of Health Care in Times of Armed Conflict and Other Emergencies developed by the ICRC and partner organisations. The Ethics Policy has not yet been finalised.
• In a working level meeting in September 2016 with officials from the Foreign and Commonwealth Office, the Ministry of Defence, and the Department for International Development, the British Red Cross discussed possible ways to give effect to Resolution 4 of the 32nd International Conference, and the respective joint Commonwealth and European Union pledges on the same topic. Contacts have continued on practical ways for the UK and, as appropriate, the British Red Cross to address the issue of the protection of the medical function, both individually and collectively.
• The NGO - Military Contact Group meeting in September 2016 included a discussion on HCiD, with speakers from the FCO’s Conflict Department, the ICRC’s London Office, and MSF UK.
- Resolution 3 : Sexual and gender-based violence: joint action on prevention and response
- Resolution 6 : Strengthening legal frameworks for disaster response, risk reduction and first aid