Despite the protections of international humanitarian law, the systematic targeting of healthcare facilities in modern warfare remains a tragic and increasingly recurring reality. From Gaza to Syria, Ukraine to Sudan and Myanmar, the destruction of healthcare facilities raises urgent questions about the limits of the law, the elasticity of the Geneva Conventions, and the moral failure of the international community to enforce basic protections.Legal frameworks provide for the safeguarding of healthcare facilities during conflict, yet wide gaps exist in the way such laws can be interpreted, allowing belligerents to justify, obscure, or deny such attacks.
There are no firm legal requirements for militaries to disclose how they decide to target healthcare facilities or legal standards relating to proportionality, and military necessity remains vague. The result is that international humanitarian law can be exploited as a tactical instrument to legitimize attacks on healthcare facilities. Some experts describe this as turning the law into a "playground for lawfare."
While humanitarian and human rights organisations call for stronger accountability, including the involvement of the International Criminal Court and national courts, the persistence of these attacks raises concerns: Is enforcement of the laws too weak? Do the laws need updating for modern warfare? Are the laws not strong enough, especially with the rise of non-state armed groups such as militias? Clearly a reckoning with international law’s current limitations and possibilities for reform is overdue.
Bringing together researchers, humanitarian professionals, and global health experts, this event will interrogate the normative failures and political complicities that allow such attacks to proliferate.
Speakers
- Vinh-Kim Nguyen, Co-Director, Global Health Centre; Professor, Anthropology & Sociology, Geneva Graduate Institute (Opening and Closing Remarks)
- Maarten van der Heijden, Research Fellow, Global Health Centre, Geneva Graduate Institute (Setting the Stage)
- Gloria Gaggioli, Professor and Vice-Dean for Research, University of Geneva, Law Faculty, Department of Public International Law and International Organization, Former Director of the Geneva Academy of International Humanitarian Law and Human Rights (Panelist)
- Neve Gordon, Professor of International Law, School of Law, Queen Mary University,London; Fellow of the British Academy of Social Sciences (Panelist)
- Esperanza Martinez,Professor of Practice and Head of Health and Human Security, College of Law, Governance and Policy, Australian National University; Former Head of Health and Head of Crisis, ICRC (Panelist, Online)
- Tarak Bach-Baouab, Head of Advocacy - Operations Management Team, Médecins Sans Frontières (Panelist)
Moderator: Ellen Rosskam, Coordinator, International Geneva Global Health Platform, Global Health Centre, Geneva Graduate Institute