Stefan Andjelkovic
LL.M. in International Public Law
Introduction
People living in the territories affected by armed conflicts were more vulnerable during the Covid-19 pandemic. Devastated by the years of fighting, the lack of food, water, medical equipment, facilities, and even medical personnel, caused people living in the armed occurred
territories to depend on humanitarian relief. According to the International Committee of the Red Cross (hereinafter: ICRC), almost 168 million people around the world now depend on humanitarian relief because of conflict, violence, and disasters.
As terrifying as the health, social,
psychological, and economic impacts have shown to be, the coronavirus is not one, but rather one more, calamity that befalls them (Cordula, 2020). Therefore, international humanitarian law and its principles, which regulate humanitarian relief and protection of civilians and other categories of people during armed conflicts, played a pivotal role in the Covid-19 Era. Special emphasis is on the countries affected by the armed conflicts in the Middle East, and how international humanitarian law protects medical staff, facilities, and transports, water facilities as objects indispensable to the survival of the civilian population, as well as detainees and prisoners
of war.
Key words: covid-19, international humanitarian law, middle east
Protection of medical staff, facilities and transports
The most vulnerable working group at the time of Covid 19 were medical personnel whose working conditions in the armed conflicts, before the pandemic, were unacceptable, but with the pandemic, it got worsen. Medical personnel in armed conflicts often work under pressure,
without adequate medical facilities and equipment, and usually have to use improvised tools, or work with improvised objects. Frequently, the medical facilities are overcrowded, most time without electricity, and the wounded and sick are treated in the lobbies. However, the medical personnel, units, and transports stay under the protection of international humanitarian law, and cannot be attacked. In that regard, the Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949 (hereinafter: the GC I) stipulates that fixed establishments and mobile medical units of the Medical Service
may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict.
If they fall into the hands of the other Party, their personnel shall be free
to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of
the wounded and sick found in such establishments and units. The responsible authorities shall
ensure that the said medical establishments and units are, as far as possible, situated in such a
manner that attacks against military objectives cannot imperil their safety (GC I, Article 19).
According to Michelle Bachelet’s spokesman, Rupert Colville, the sheer quantity of attacks on hospitals, medical facilities, and schools in Syria would have suggested that they couldn’t all be accidental (AlJazeera, 2020).
Humanitarian relief
In order to combat the pandemic, the Parties to the armed conflicts rely on the humanitarian relief provided by impartial humanitarian organizations such as the ICRC, the United Nations Office for the Coordination of the Humanitarian Affairs (hereinafter: OCHA), etc. They have a pivotal role in delivering humanitarian aid when the Parties to the armed conflicts declare the ceasefire and when humanitarian corridors and schemes are agreed.
Therefore, humanitarian workers are protected under the Geneva Conventions and its Protocols, and cannot be the object of attack.
Article 9 common to the GC I-III stipulates that there should not be any obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief. Article 10 of the GC IV prescribes the same.
Protocol I also regulates relief actions noting that if the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the necessary supplies, relief actions of the humanitarian and impartial character, and conducted without any adverse distinction can be undertaken. Priority in the distribution of relief should be given to the persons, such as children, expectant mothers, maternity cases and nursing mothers. Furthermore, the Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment, and personnel, even if such assistance is destined for the civilian population of the adverse Party (Protocol I, Article 70). Relief personnel who provide help in the transportation and distribution of relief consignment are also protected under Protocol I. However, the approval of such personnel is subject to the Party on whose territory they carry out their duties. Each Party in receipt of relief consignments has to, to the fullest extent practicable, assist the relief personnel in carrying out their relief mission. The only exception is an imperative military necessity, in which case the activities of the relief personnel can be limited or their movements temporarily restricted. (Protocol I, Article 71).
Protocol I also regulates relief actions noting that if the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the necessary supplies, relief actions of the humanitarian and impartial character, and conducted without any adverse distinction can be undertaken. Priority in the distribution of relief should be given to the persons, such as children, expectant mothers, maternity cases and nursing mothers. Furthermore, the Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment, and personnel, even if such assistance is destined for the civilian population of the adverse Party (Protocol I, Article 70). Relief personnel who provide help in the transportation and distribution of relief consignment are also protected under Protocol I. However, the approval of such personnel is subject to the Party on whose territory they carry out their duties. Each Party in receipt of relief consignments has to, to the fullest extent practicable, assist the relief personnel in carrying out their relief mission. The only exception is an imperative military necessity, in which case the activities of the relief personnel can be limited or their movements temporarily restricted. (Protocol I, Article 71).
Regarding Protocol II, it states that relief societies such as Red Cross (Red Crescent, Red Lion and Sun) organizations, located in the territory of the High Contracting Party, can offer their services for the performance of their traditional functions in relation to the victims of the armed conflict. If the civilian population is suffering the lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse
distinction shall be undertaken. However, these actions are subject to the consent of the High Contracting Party concerned (Protocol II, Article 18).
Syria is, according to the International Rescue Committee (2021), the deadliest country in the world for humanitarians, counting the highest number of attacks on aid workers and most aid worker deaths in 2019. In 2020, the UN Security Council failed to re-authorize the use of several border crossings by UN agencies, reducing the flow of aid to vulnerable Syrians. Increased security threats and restrictions made it even more difficult for humanitarians to deliver aid in 2021. Millions of Syrians risked losing their lifelines for medical supplies as COVID-19 threatens to spread and the economic crisis compounds. Fuel shortages and banking restrictions, caused by the 2019 Lebanon banking crisis, in neighboring states further undermined humanitarians’ ability to reach millions in need with their services and resources. Moreover, although protected under international humanitarian law, the two humanitarians were killed in northwest Syria while they were on their way to a child-friendly space run by the UNICEF (UN News, 2020). Oxfam International reported that theirs two Syrian aid workers were killed in an attack in the southern Syria (Middle East Eye, 2020). In Yemen, a Turkish humanitarian aid worker of the Turkish Red Crescent was injured in the attack by an unidentified person or persons afterward he has undergone surgery in Yemen and returned back to Turkey (Anadolu Agency, 2020).
Water facilities
During the pandemic of Covid-19, water was necessary to prevent the spreading of the mentioned virus since one of the recommended measures was hand washing, as well as clothes washing. Bearing in mind that during the long-lasting armed conflicts the water facilities have been damaged or destroyed, providing the necessary amount of water was difficult. However, international humanitarian law protects objects that are necessary to the survival of civilians.
Article 54(2) of the Protocol I regulates the protection of objects indispensable to the survival of the civilian population stating that it is prohibited to attack, destroy, remove or render useless these objects, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.
Launching an attack should be taken with precautions and in accordance with Article 57(2) of Protocol I which underlines that those who plan or decide upon an attack must verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives. Furthermore, an attack has to be canceled or suspended if it becomes clear that the objective is not a military one or is subject to special protection.
Protocol II in Article 14 also provides protection for objects indispensable to the survival of the civilian population. It is prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations, and supplies and irrigation works.
Whe n it comes to Yemen, as a consequence of the armed conflict, water facilities, sanitation, and health services stopped delivery. Water infrastructure is operating at less than 5 percent efficiency before the conflict (Humanitarian Response Plan Yemen, 2021). Less than half of the Yemeni population and less than 10 percent of internally displaced people living in hosting sites have access to safe water and adequate sanitation. Moreover, IDPs were at higher risk of water contamination and contagious diseases. The majority of households lack soap and cannot treat water at home due to a lack of supplies (Ibid.).
Detainees and prisoners of war
Detention centers and prisons are facilities in which the COVID – 19 can spread quickly and easily having in mind that are overcrowded, bedrooms, toilets, and bathrooms are shared, and insufficient sanitation, health services, and hygiene are on the lowest level.
Prisoners of war can be interned only if hygiene and healthfulness are guaranteed in premises located on land. The only exceptions are the cases that are justified by the interest of the prisoners themselves, they cannot be interned in penitentiaries. Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, have to be removed as soon as possible to a more favorable climate. (GC III, Article 22).
The most significant article that is applicable in times of an emergency such as the pandemic is Article 29 of the GC III which prescribes that the Detaining Power are bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
However, the Syrian government failed to ensure the respect of mentioned article by allowing diseases to run rampant, emaciation was common, and medical assistance was purposefully withheld. Thousands died in prison due to such circumstances (Center on International Cooperation, 2020).
Prisoners of war shall have for their use, day and night, conveniences that conform to the rules of hygiene and are maintained in a constant state of cleanliness. If there are any camps in which women prisoners of war are accommodated, separate conveniences must be provided for them. Moreover, besides the baths and showers, which every camp must have, prisoners of war must be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities, and time shall be granted to them for that purpose.
Unfortunately, those imprisoned in Syria’s archipelago were in conditions so ghastly that they constitute crimes against humanity. These facilities functioned as overcrowded torture chambers by design. Those who survived the daily brutalities endure inhuman conditions, with minimal food or water (Center on International Cooperation, 2020).
According to Article 30 of the GC III, every camp will have an adequate infirmary where prisoners of war will have the attention they require, as well as an appropriate diet. Isolation wards, if necessary, have to be set aside for cases of contagious or mental disease. Prisoners of war suffering from serious disease, or whose condition requires special treatment, a surgical operation, or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. Prisoners of war cannot be prevented from going to the medical authorities for examination.
Prisoners of war will have as well medical inspections at least once a month. Their purpose is, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners, and to detect contagious diseases (GC III, Article 31). The GC IV has also provisions that regulate the accommodation and hygiene in the detention facilities. According to Article 85 of the mentioned Convention, the Detaining Power is bound to take all necessary and possible measures to ensure that protected persons will be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigors of the climate and the effects of the war. Permanent places of internment in no case will be placed in unhealthy areas or in districts the climate of that is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harmful to his health, he will be removed to a more suitable place of internment as soon as circumstances permit. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees. Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene and are constantly maintained in a state of cleanliness.
They will be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths will be also provided. The necessary time shall be set aside for washing and for cleaning. Whe never it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees is obligatory.
However, according to the Center on International Cooperation Report (2020), detainees were surrounded by blood, pus, humiliation, and torture, and cleanliness seemed to be a luxury. Body lice infestation was another torture. Detainees were denied a shower; and if granted, it was only with very cold water. The cell had no toilet and no water. Authorities allowed them to use a bathroom nearby three times a day after meals having about 60 seconds each time.
Detainees, including children, were beaten, burned with cigarettes, and subjected to torture that exploits pre-existing injuries. Many patients have been tortured to death after being transferred to receive health care at governmental healthcare facilities, such as al-Mezzeh military hospital 601. Such brutality was used to justify human rights and humanitarian law violations by other armed parties to the conflict in Syria, including regime opponents, creating a viciously self-reinforcing cycle of grievances and abuse (Ibid.). Former detainees also described receiving barely enough sustenance to survive.
Denial of food and water was common practice resulting in mass starvation and death. Detaines were without water for five days, no water to drink, no water to clean, and no water to flush the toilet.W hen provided, water was frequently dirty or undrinkable. During the hotter summer months, w hen temperatures rose in the overcrowded group cells, detainees were reported to have died as a result of dehydration or heat stroke (Ibid.). Article 91 of the GC IV is the same as Article 30 of the GC III, and it refers to the adequate infirmary, and special treatment of those who suffer from contagious, mental, or serious diseases of the internees.
In Syria, the deliberate withholding of medical care in detention centers was common practice as well. W hen the prison administration determined that someone needs urgent medical attention, they were given only basic medications like paracetamol, if they were given anything at all. Chronic conditions went untreated while infectious diseases, such as tuberculosis, were allowed to run rampant. Interviewed detainees described cellmates dying agonizing deaths, and recounted being held for hours or days in cells containing the bodies of deceased detainees. Mistreatment of the detainees in the medical facilities was often done, and in some cases, they received medical aid just to keep them alive during interrogation (Ibid.).
Medical inspections are provided by Article 92 of the GC IV in order to supervise the general state of health, nutrition, and cleanliness of internees, and to detect contagious diseases.
Protocol II stipulates that persons deprived of their liberty will, as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigors of the climate and the dangers of the armed conflict (Protocol II, Article 5(1,b)).
Humanitarian Response Plan Yemen (2021) showed that a COVID-19 backlash resulted in thousands of migrants and some refugees being stranded, trapped, and forcibly transferred across front lines to hard-to-reach areas, and there were reports of detention in inhumane conditions.
Conclusion
It is undeniable that international humanitarian law contains provisions that can be applied in the time of the pandemic. Although the medical staff is protected under IHL, they were objects of attack, were insulted, beaten during the time of COVID-19, intimidated, and even blamed for the worsening of the situation. Medical facilities and transports were often under attack since the government’s troops were focused on the fight against COVID-19 which organized armed groups such as the ISIS took advantage of.
During the pandemic, the delivery of humanitarian aid was almost impossible, while humanitarian aid workers like the medical staff were often targeted and injured or killed. All mentioned examples constitute grave breaches of international humanitarian law. Prisons and detention centers were overcrowded, with insufficient sanitation, health services, and hygiene. Prisoners of war were not provided with enough food and water to maintain necessary hygiene, and even for drinking. Moreover, prisoners of war didn’t get an examination and adequate medical care which resulted in deaths. Detainees weren’t allowed to use a bathroom, and if allowed only 60 seconds after every meal. The shower was a luxury, and wh en granted, it was only with cold water.
Thus, COVID-19 has further aggravated the situation in the Middle East regarding the application of international humanitarian law. Not only that international humanitarian law wasn’t respected during the pandemic, but it was violated by all parties.
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