Bioethics and armed conflict: Mapping the moral dimensions of medicine and war

Hastings Center Report

Volumn 34, Issue 6, 2004, Pages 22-30

  Gross, Michael L ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

BIOLOGICAL WARFARE; HEALTH CARE DELIVERY; HEALTH CARE NEED; HEALTH CARE UTILIZATION; MEDICAL ETHICS; MILITARY MEDICINE; MORALITY; PATIENT RIGHT; REVIEW; SELF ESTEEM; SOCIOECONOMICS; WAR;

EID: 12344268695     PISSN: 00930334     EISSN: None     Source Type: Journal    
DOI: 10.2307/3528174     Document Type: Review

References (32)

1. World Medical Association Regulations in Time of Armed Conflict, amended by the 35th World Medical Assembly, Venice Italy, October 1983.
2. J. Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, 1971): 440.
3. Emergency War Surgery NATO Handbook, part 3, chapter 12, (www.vhn.org/Ewsurg/ch12/12Triage.html, accessed November 11, 2003). Ordinary triage classifies the wounded so all will receive optimum care, while mass casualty triage treats the injured according to salvage value when the injured overwhelm available medical facilities and not all can be treated.
4. A. McIntyre, "Doing Away with Double Effect," Ethics 111 (2001): 219-55; W.S. Quinn, "Actions, Intentions and Consequences: The Doctrine of the Double Effect," Philosophy and Public Affairs 18 (1989): 334-51; J. McMahan, "Revising the Doctrine of Double Effect," Journal of Applied Philosophy 11, 2 (1994): 201-212.
5. A. McIntyre, "Doing Away with Double Effect," Ethics 111 (2001): 219-55; W.S. Quinn, "Actions, Intentions and Consequences: The Doctrine of the Double Effect," Philosophy and Public Affairs 18 (1989): 334-51; J. McMahan, "Revising the Doctrine of Double Effect," Journal of Applied Philosophy 11, 2 (1994): 201-212.
6. A. McIntyre, "Doing Away with Double Effect," Ethics 111 (2001): 219-55; W.S. Quinn, "Actions, Intentions and Consequences: The Doctrine of the Double Effect," Philosophy and Public Affairs 18 (1989): 334-51; J. McMahan, "Revising the Doctrine of Double Effect," Journal of Applied Philosophy 11, 2 (1994): 201-212.
7. First and Second Geneva Convention, common article 12, Third Geneva Convention, article 13, Fourth Geneva Convention, article 32; Geneva, 1949. These prohibit medical experiments contrary to a person's medical interests. Requirements stipulating informed consent did not enter international law until 1966. United Nations, "International Covenant on Civil and Political Rights," article 7. Adopted and opened for signature, ratification, and accession by General Assembly resolution 2200A (XXI) of December 16, 1966, entry into force March 23, 1976 (http.//www.unhchr.ch/ html/menu3/b/a_ccpr.htm, accessed October 13, 2004). Also, L.C. Green, The Contemporary Law of Armed Conflict, Second Edition (Manchester, England: University of Manchester Press, 2000): 234-39.
8. United Nations, "International Covenant on Civil and Political Rights." The only non-derogable rights during war or public emergency are the right to life; freedom from torture, slavery, servitude, and retroactive legislation; freedom of conscience; the right to recognition before the law; and the right not to be imprisoned for breach of contract.
9. M.L. Gross, "Doctors in the Decent Society: Medical Care, Torture and Ill-Treatment," Bioethics 18, 2 (2004): 181-203.
10. Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight. Saint Petersburg, Russia, November 29/December 11, 1868.
11. Protocol Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977.
12. Green, The Contemporary Law of Armed Conflict. 234-9. A.P.V. Rogers, Law on the Battlefield (Manchester, England: Manchester University Press: 1996).
13. See M.V. Creveld, The Transformation of War (New York: The Free Press, 1991), and M. Kaldor, New Wars and Old Wars: Organized Violence in a Global Era (Cambridge, U.K.: Polity Press, 2001).
14. See M.V. Creveld, The Transformation of War (New York: The Free Press, 1991), and M. Kaldor, New Wars and Old Wars: Organized Violence in a Global Era (Cambridge, U.K.: Polity Press, 2001).
15. E.G. Howe and E.D. Martin, "Treating the Troops," The Hastings Center Report 21 (1991): 21-24; R.K. Miller, "Informed Consent in the Military: Fighting a Losing Battle against the Anthrax Vaccine," American Journal of Law and Medicine 28 (2002): 325-45; W.J. FitzPatrick and L.L. Zwangziger, "Defending Against Biological Warfare: Ethical Issues Involving the Coercive Use of Investigational Drugs and Biologics in the Military," The Journal of Philosophy, Science and Law 3 (2003): 1-16.
16. E.G. Howe and E.D. Martin, "Treating the Troops," The Hastings Center Report 21 (1991): 21-24; R.K. Miller, "Informed Consent in the Military: Fighting a Losing Battle against the Anthrax Vaccine," American Journal of Law and Medicine 28 (2002): 325-45; W.J. FitzPatrick and L.L. Zwangziger, "Defending Against Biological Warfare: Ethical Issues Involving the Coercive Use of Investigational Drugs and Biologics in the Military," The Journal of Philosophy, Science and Law 3 (2003): 1-16.
17. E.G. Howe and E.D. Martin, "Treating the Troops," The Hastings Center Report 21 (1991): 21-24; R.K. Miller, "Informed Consent in the Military: Fighting a Losing Battle against the Anthrax Vaccine," American Journal of Law and Medicine 28 (2002): 325-45; W.J. FitzPatrick and L.L. Zwangziger, "Defending Against Biological Warfare: Ethical Issues Involving the Coercive Use of Investigational Drugs and Biologics in the Military," The Journal of Philosophy, Science and Law 3 (2003): 1-16.
18. Commentaries, Protocol Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1), June 8, 1977, article 16, paragraph 676.
19. P. Buck, The Enemy (Mankato, Minn.: Creative Education, 1986).
20. R.A. Gabriel and K.S. Metz, A History of Military Medicine, Volume 1, From Ancient Times to the Middle Ages (New York, Greenwood Press, 1992): 23.
21. Physicians for Human Rights, Medicine under Attack: Critical Damage Inflicted on Medical Services in the Occupied Territories, An Interim Report (Jerusalem: Physicians for Human Rights, 2002). B'tselem, The Israeli Information Center for Human Rights in the Occupied Territories, No Way Out: Medical Implications of Israel's Siege Policy, (Jerusalem, B'tselem, 2001), and Impeding Medical Treatment and Firing at Ambulances by IDF Soldiers in the Occupied Territories (Jerusalem: B'tselem, 2002).
22. Physicians for Human Rights, Medicine under Attack: Critical Damage Inflicted on Medical Services in the Occupied Territories, An Interim Report (Jerusalem: Physicians for Human Rights, 2002). B'tselem, The Israeli Information Center for Human Rights in the Occupied Territories, No Way Out: Medical Implications of Israel's Siege Policy, (Jerusalem, B'tselem, 2001), and Impeding Medical Treatment and Firing at Ambulances by IDF Soldiers in the Occupied Territories (Jerusalem: B'tselem, 2002).
23. Physicians for Human Rights, Medicine under Attack: Critical Damage Inflicted on Medical Services in the Occupied Territories, An Interim Report (Jerusalem: Physicians for Human Rights, 2002). B'tselem, The Israeli Information Center for Human Rights in the Occupied Territories, No Way Out: Medical Implications of Israel's Siege Policy, (Jerusalem, B'tselem, 2001), and Impeding Medical Treatment and Firing at Ambulances by IDF Soldiers in the Occupied Territories (Jerusalem: B'tselem, 2002).
24. L.C. Green, "Cicero and Clausewitz or Quincy Wright: The Interplay of Law and War," Journal of Legal Studies 9 (1998-1999): 59-98.
25. World Medical Association, Declaration on Chemical and Biological Weapons, adopted by the 42nd World Medical Assembly (Rancho Mirage, Calif.: World Medical Association, 1990).
26. E. Barak, "Where Do We Go from Here? Implementation of the Chemical Weapons Convention in the Middle East in the Post-Saddam Era," Security Studies 13 (2003): 106-155.
27. R.M. Coupland, "'Non-lethal weapons': Precipitating a New Arms Race," British Medical Journal 315 (1997): 72, emphasis added.
28. For a sample of this literature see a symposium on ethics and nuclear deterrence in Ethics 95, 3 (1985).
29. J.P. Alexander, "An Overview or the Future of Non-Lethal Weapons," Medicine, Conflict and Survival 17 (2001): 180-93. For the legal status of various weapons see: D. Fidler, "Non-Lethal Weapons and International Law," Medicine Conflict and Survival 17 (2001): 194-200; M.-A. Coppernoil, "The Non-Lethal Weapons Debate," Naval War College Review 52, 2 (1999): 112-31.
30. J.P. Alexander, "An Overview or the Future of Non-Lethal Weapons," Medicine, Conflict and Survival 17 (2001): 180-93. For the legal status of various weapons see: D. Fidler, "Non-Lethal Weapons and International Law," Medicine Conflict and Survival 17 (2001): 194-200; M.-A. Coppernoil, "The Non-Lethal Weapons Debate," Naval War College Review 52, 2 (1999): 112-31.
31. J.P. Alexander, "An Overview or the Future of Non-Lethal Weapons," Medicine, Conflict and Survival 17 (2001): 180-93. For the legal status of various weapons see: D. Fidler, "Non-Lethal Weapons and International Law," Medicine Conflict and Survival 17 (2001): 194-200; M.-A. Coppernoil, "The Non-Lethal Weapons Debate," Naval War College Review 52, 2 (1999): 112-31.
32. World Medical Association, Declaration on Chemical and Biological Weapons.