Public health law and the war in Ukraine: Present and lessons for the future

In this paper, the theme of medical neutrality is highlighted, in particular, the definition of the concept and principles are defined, and examples of medical neutrality violation through the prism of armed aggression in Ukraine are given. Medical neutrality is seen as a social agreement that obliges society to protect health workers both in time of war and peacetime, and obliges medical personnel to provide medical care to all, regardless of religion, race, ethnic origin, political affiliation or other characteristics. The internationally coordinated system for the observance of human rights is clarified, attention is focused on the guarantees enshrined in Protocol I regarding the provision of medical care, as well as on the international axioms of the protection of medical workers and guarantees of their professional activity in martial law conditions, defined in Protocol I.

The issue of legal assessment of the professional activity of medical workers in the territories in which the aggressor state has established or is trying to establish an occupation regime is revealed, and a fine line between the essence of the concept of medical neutrality and the professional activities of medical workers in the temporarily occupied territories is stated, which emphasizes the need for clarity and certainty in the presentation of legal norms to prevent human rights violations.

1. Joint statement from UNICEF, UNFPA, and WHO, Stop Attacks on Health Care in Ukraine, https://www.who.int/news/item/13-03-2022-stop-attacks-on-health-care-in-ukraine (accessed: 10.07.2022).

2. Lyashko V.K., Briefing of the Minister of Health, 2022, June 6, https://www.ukrinform.ua/rubric-society/3522881-o-1500-brifingministra-ohoroni-zdorova-viktora-laska.html (accessed: 12.07.2022).

3. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), https://zakon.rada.gov.ua/laws/show/995_199#Text (accessed: 18.07.2022).

4. On the Statement of the Verkhovna Rada of Ukraine On Ukraine’s recognition of the jurisdiction of the International Criminal Court regarding the commission of crimes against humanity and war crimes by high-ranking officials of the Russian Federation and leaders of the terrorist organizations “DPR” and “LPR,” which led to particularly serious consequences and mass murder of Ukrainian citizens, Verkhovna Rada of Ukraine Resolution, 2015, February 4, No. 145-VIII, https://zakon.rada.gov.ua/laws/show/145-19#Text (accessed: 18.07.2022).

5. Law of Ukraine, On Amendments to Certain Legislative Acts of Ukraine on Establishing Criminal Liability for Collaborative Activities, 2022, March 3, https://zakon.rada.gov.ua/laws/show/2108-20#Text (accessed: 04.05.2022).

6. Geneva Convention on the Protection of the Civilian Population in Time of War dated August 12, 1949, https://zakon.rada.gov.ua/laws/show/995_154#n90 (accessed: 16.07.2022).

7. Criminal Code of Ukraine, 2001, April 5, https://zakon.rada.gov.ua/laws/show/2341-14#Text (accessed: 04.05.2022).

8. On Approval of Licensing Conditions for Conducting Business Activities in Medical Practice, CMU Resolution, 2016, March 2, 2016, No. 285, https://zakon.rada.gov.ua/laws/show/285-2016-%D0%BF#Text (accessed: 16.07.2022).