The Security Council
PP1
Reiterating
its primary responsibility for the maintenance of international peace
and security and, in this context, the need to promote and ensure
respect for the principles and rules of international humanitarian
law,
PP2
Recalling
all relevant Security Council resolutions, including resolutions 2175
(2014) and 1502 (2003) on the protection of humanitarian personnel,
resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), 1894
(2009) and 2222 (2015) on the protection of civilians in armed
conflict, resolutions 1539 (2004) and 1612 (2005) relating to the
establishment of a monitoring and reporting mechanism on children and
armed conflict, and resolution 1998 (2011) on attacks against schools
and/or hospitals, as well as relevant statements of its President
related to the protection of civilians in armed conflict and to the
protection of medical personnel and humanitarian personnel in
conflict zones,
PP3
Recalling
all relevant General Assembly resolutions, including resolution
70/104 entitled Safety and security of humanitarian personnel and
protection of United Nations personnel, 70/106 entitled Strengthening
of the coordination of emergency humanitarian assistance of the
United Nations, and 69/132 entitled Global health and foreign policy,
PP4
Recalling
the Geneva Conventions of 1949 and their Additional Protocols of 1977
and 2005, as applicable, as well as relevant customary international
law concerned with the protection of the wounded and sick, medical
personnel and humanitarian personnel exclusively engaged in medical
duties, their means of transport and equipment, as well as hospitals
and other medical facilities, and the obligation of parties to armed
conflict to respect and ensure respect for international humanitarian
law in all circumstances,
PP5
Recalling
the Convention on the Safety of United Nations and Associated
Personnel, and its Optional Protocol,
PP6
Recognizing
the particular challenges faced by humanitarian personnel exclusively
engaged in medical duties and medical personnel and reaffirming
that all humanitarian personnel are entitled to respect and
protection under international humanitarian law,
PP7
Stressing
that identification of medical personnel and humanitarian personnel
exclusively engaged in medical duties, their means of transport and
equipment, as well as hospitals and other medical facilities may
enhance their protection, and in this regard, recalling
also the obligations, in situations of armed conflict, pertaining to
the use and the protection of the distinctive emblems under the
Geneva Conventions of 1949 and where applicable, their Additional
Protocols,
PP8
Recalling
further the specific obligations under international humanitarian law
to respect and protect, in situations of armed conflict, medical
personnel and humanitarian personnel exclusively engaged in medical
duties, their means of transport and equipment, and hospitals and
other medical facilities, which must not be attacked, and to ensure
that the wounded and sick receive, to the fullest extent practicable
and with the least possible delay, the medical care and attention
required,
PP9
Recalling
also
the obligation under international humanitarian law to distinguish
between civilian populations and combatants, and the prohibition
against indiscriminate attacks, and the obligations to do everything
feasible to verify that the objectives to be attacked are neither
civilians nor civilian objects and are not subject to special
protection, including medical personnel their means of transport and
equipment, and hospitals and other medical facilities, and recalling
further
the obligation to take all feasible precautions with a view to
avoiding and in any event minimizing harm to civilians and civilian
objects,
PP10
Deeply
concerned
that despite these obligations, acts of violence, attacks and threats
against medical personnel and humanitarian personnel exclusively
engaged in medical duties, their means of transport and equipment, as
well as hospitals and other medical facilities, are being perpetrated
in situations of armed conflicts and that the number of such acts is
increasing,
PP11
Recalling
that locally recruited medical personnel and humanitarian personnel
exclusively engaged in medical duties account for the majority of
casualties among such personnel in situations of armed conflict,
PP12
Further
concerned that
the delivery of humanitarian assistance, including medical
assistance, to populations in need is being obstructed by parties to
armed conflicts in many conflict situations,
PP13
Recalling
that under international humanitarian law, persons engaged in medical
activities shall not be compelled to perform acts or to carry out
work contrary to the rules of medical ethics or to other medical
rules designed for the benefit of the wounded and the sick,
PP14
Convinced
that acts of violence, attacks and threats against medical personnel
and humanitarian personnel exclusively engaged in medical duties,
their means of transport and equipment, as well as hospitals and
other medical facilities, and obstructing the delivery of
humanitarian assistance, including medical assistance, may exacerbate
ongoing armed conflicts and undermine the efforts of the Security
Council to maintain international peace and security under the
Charter of the United Nations,
PP15
Reaffirming
the need for all parties to armed conflict to respect the
humanitarian principles of humanity, neutrality, impartiality and
independence in the provision of humanitarian assistance, including
medical assistance, and reaffirming
also the need for all actors engaged in the provision of such
assistance in situations of armed conflict to promote and fully
respect these principles,
PP16
Urging
States to ensure that violations of international humanitarian law
related to the protection of the wounded and sick, medical personnel
and humanitarian personnel exclusively engaged in medical duties,
their means of transport and equipment, as well as hospitals and
other medical facilities in armed conflicts do not remain unpunished,
affirming
the need for States to ensure that those responsible do not operate
with impunity, and that they are brought to justice, as provided for
by national laws and obligations under international law,
PP17
Recalling
that,
under international law, attacks intentionally directed against
hospitals and places where the sick and wounded are collected,
provided that they are not military objectives, as well as attacks
intentionally directed against buildings, material, medical units and
transport and personnel using the distinctive emblems of the Geneva
Conventions in conformity with international law are war crimes,
PP18
Stressing
that the fight against impunity and to ensure accountability for war
crimes and other serious violations of international humanitarian law
has been strengthened through the work on and prosecution of these
crimes in the international criminal justice system, and in this
regard reiterating
the
importance of State cooperation with international courts and
tribunals in accordance with States’ respective obligations,
PP19
Noting
that medical personnel, and humanitarian personnel exclusively
engaged in medical duties, in an armed conflict situation, continue
to be under a duty to provide competent medical service in full
professional and moral independence, with compassion and respect for
human dignity, and always to bear in mind human life and to act in
the patient’s best interest and stressing
the
need to uphold their respective professional codes of ethics, and
further
noting
the applicable rules of international humanitarian law relating to
the non-punishment of any person for carrying out medical activities
compatible with medical ethics,
PP20
Reaffirming
the
primary responsibility of States to protect the population throughout
their whole territory and recalling
in this regard that all parties to armed conflict must comply fully
with the obligations applicable to them under international
humanitarian law related to the protection of civilians in armed
conflict and medical personnel,
OP1
Strongly
condemns
acts of violence, attacks and threats against the wounded and sick,
medical personnel and humanitarian personnel exclusively engaged in
medical duties, their means of transport and equipment, as well as
hospitals and other medical facilities, and deplores
the long-term consequences of such attacks for the civilian
population and the healthcare systems of the countries concerned;
OP2
Demands
that all parties to armed conflicts fully comply with their
obligations under international law, including international human
rights law, as applicable, and international humanitarian law, in
particular their obligations under the Geneva Conventions of 1949 and
the obligations applicable to them under the Additional Protocols
thereto of 1977 and 2005, to ensure the respect and protection of all
medical personnel and humanitarian personnel exclusively engaged in
medical duties, their means of transport and equipment, as well as
hospitals and other medical facilities;
OP3
Demands
that all parties to armed conflicts facilitate safe and unimpeded
passage for medical personnel and humanitarian personnel exclusively
engaged in medical duties, their equipment, transport and supplies,
including surgical items, to all people in need, consistent with
international humanitarian law;
OP5
Strongly
urges
States and all parties to armed conflict to develop effective
measures to prevent and address acts of violence, attacks and threats
against medical personnel and humanitarian personnel exclusively
engaged in medical duties, their means of transport and equipment, as
well as hospitals and other medical facilities in armed conflict,
including, as appropriate, through the development of domestic legal
frameworks to ensure respect for their relevant international legal
obligations, the collection of data on obstruction, threats and
physical attacks on medical personnel and humanitarian personnel
exclusively engaged in medical duties, their means of transport and
medical facilities, and to share challenges and good practice in this
regard;
OP6
Underlines
the
important role that education and training in international
humanitarian law can play in supporting efforts to halt and prevent
acts of violence, attacks and threats against the wounded and sick,
medical personnel and humanitarian personnel exclusively engaged in
medical duties, their means of transport and equipment, as well as
hospitals and other medical facilities;
OP7
Calls
upon States to ensure that their armed forces and security forces,
within their respective competencies under domestic law, make or,
where relevant, continue their efforts to integrate practical
measures for the protection of the wounded and sick and medical
services into the planning and conduct of their operations;
OP8
Emphasizes
the
responsibility of States to comply with the relevant obligations
under international law to end impunity and to ensure those
responsible for serious violations of international humanitarian law
are held to account;
OP9
Strongly
condemns
the prevailing impunity for violations and abuses committed against
medical personnel and humanitarian personnel exclusively engaged in
medical duties, their means of transport and equipment, as well as
hospitals and other medical facilities in armed conflict, which in
turn may contribute to the recurrence of these acts;
OP10
Strongly
urges
States to conduct, in an independent manner, full, prompt, impartial
and effective investigations within their jurisdiction of violations
of international humanitarian law related to the protection of the
wounded and sick, medical personnel and humanitarian personnel
exclusively engaged in medical duties, their means of transport and
equipment, as well as hospitals and other medical facilities in armed
conflict, and, where appropriate, take action against those
responsible in accordance with domestic and international law, with a
view to reinforcing preventive measures, ensuring accountability and
addressing the grievances of victims;
OP11
Expresses
its intention to
ensure that the mandates of relevant United Nations peacekeeping
operations can, where appropriate and on a case-by-case basis, help
to contribute to a secure environment to enable the delivery of
medical assistance, in accordance with humanitarian principles;
OP12
Encourages
the
Secretary-General, in accordance with his prerogatives under the
Charter of the United Nations, to bring to the attention of the
Security Council situations in which the delivery of medical
assistance to populations in need is being obstructed by parties to
the armed conflict;
OP13
Requests
the Secretary-General to include in his country-specific situation
reports, and other relevant reports which address the protection of
civilians, the issue of the protection of the wounded and sick,
medical personnel and humanitarian personnel exclusively engaged in
medical duties, their means of transport and equipment, as well as
hospitals and other medical facilities, including recording specific
acts of violence against them, remedial actions taken by parties to
the armed conflict and other relevant actors, including humanitarian
agencies, to prevent similar incidents, and actions taken to identify
and hold accountable those who commit such acts;
OP14
Further
requests
the Secretary-General to promptly provide the Security Council with
recommendations on measures to prevent incidents of the kind
described in the above paragraph and to better ensure accountability
and enhance the protection of the wounded and sick and medical
personnel and humanitarian personnel exclusively engaged in medical
duties, their means of transport and equipment, as well as hospitals
and other medical facilities;
OP15
Further requests
the Secretary-General to brief the Security Council every twelve
months on the implementation of this resolution.
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