Citation

Linares EO, Chau MS. Int. Rev. Red Cross (1999) 2013; 95(890): 251-265.

Copyright

(Copyright © 2013, International Committee of the Red Cross, Publisher Cambridge University Press)

DOI

10.1017/S1816383114000204

PMID

unavailable

Abstract

One of the fundamental rules for the protection of health-care personnel in any circumstance, including contexts of armed conflicts, provides for a prohibition on punishing medical professionals who merely act in accordance with medical ethics. However, although the reasons for this prohibition may seem obvious, in contexts of non-international armed conflicts the provision of medical care to wounded and sick members of non-state armed groups can expose medical personnel to accusations of participation in criminal activities. Based on the Colombian domestic legislation and jurisprudence on the matter, this article aims to propose elements of analysis on the apparent contradiction that exists between, on the one hand, the prohibition against punishing medical personnel for merely providing health care to the wounded and sick who need it, and on the other, the prerogative of the state authorities to restore order and security within their territory through the imposition of criminal sanctions on members of non-state armed groups or their aiders and abettors.

Language: en

Keywords

Colombia; health care; protection of medical personnel against punishment; violence against health care