Fritz Allhoff and Keagan Potts
Journal of the Royal Army Medical Corps 165.4 (2019): 256-65.
Publication year: 2019

Fritz Allhoff and Keagan Potts:  “Medical Immunity, International Law, and Just War Theory”, Journal of the Royal Army Medical Corps 165.4 (2019):  256-65.

Abstract:  Under customary international law, the First Geneva Convention, and Additional Protocol I, medical personnel are protected against intentional attack.  In § 1 of this paper, we survey these legal norms and situate them within the broader international humanitarian law framework.  In § 2, we explore the historical and philosophical basis of medical immunity, both of which have been underexplored in the academic literature.  In § 3, we analyze these norms as applied to a United States’ attack in Afghanistan (2015); the United States was attempting to target a Taliban command-and-control center but inadvertently destroyed a Médecins Sans Frontières hospital instead, killing forty-two people.  In § 4, we consider forfeiture of medical immunity and, more skeptically, whether supreme emergency could justify infringement of non-forfeited protected status.