When caregivers become victims: Towards recognizing psychological harm under the obligation to respect and protect medical personnel in armed conflict

Abstract

Medical personnel operate on the front lines of armed conflict, addressing its profound physical and psychological impact by providing care to the wounded and sick. At the same time, they themselves experience psychological harm, whether directly from acts of violence or indirectly from the demands of their work during armed conflict. In recognition of their vital role, international humanitarian law (IHL) grants them special protection, requiring that they be respected and protected in all circumstances. This article advances, de lege ferenda, that the obligation to respect and protect medical personnel should be interpreted to encompass protection against both direct and incidental psychological harm. Such an interpretation is warranted on several grounds: first, it reflects the growing recognition in IHL of the "person" in a broader sense; second, it follows from the broad formulation of the obligation to respect and protect; and finally, it aligns with IHL's object and purpose of alleviating suffering in armed conflict.